section 515(2)

INTRODUCTION AND BRIEF DESCRIPTION

If a justice does not order detention, the accused must be released unless the prosecutor shows cause, and the release can be conditional upon various undertakings or recognizances.

SECTION WORDING

515(2) Where the justice does not make an order under subsection (1), he shall, unless the prosecutor shows cause why the detention of the accused is justified, order that the accused be released (a) on his giving an undertaking with such conditions as the justice directs; (b) on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security; (c) on his entering into a recognizance before the justice with sureties in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security; (d) with the consent of the prosecutor, on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs and on his depositing with the justice such sum of money or other valuable security as the justice directs; or (e) if the accused is not ordinarily resident in the province in which the accused is in custody or does not ordinarily reside within two hundred kilometres of the place in which he is in custody, on his entering into a recognizance before the justice with or without sureties in such amount and with such conditions, if any, as the justice directs, and on his depositing with the justice such sum of money or other valuable security as the justice directs.

EXPLANATION

Section 515(2) of the Criminal Code of Canada outlines the procedures that must be followed when a person who has been arrested and detained is brought before a justice of the peace. If the justice does not make an order for the accused's release under subsection (1), they have the discretion to order that the accused be released under specific conditions. These conditions can include the accused giving an undertaking that they will maintain good behaviour and attend court when required, or entering into a recognizance before the justice either with or without sureties in a specific amount and with specific conditions. In some cases, the accused may be required to deposit money or other valuable security with the justice. Importantly, the justice may only order detention if the prosecutor shows cause why it is necessary, meaning that there must be a compelling reason to continue to hold the accused in custody. This provision is designed to protect the rights of the accused, as it ensures that they are not held in custody without justification. Overall, section 515(2) serves to strike a balance between protecting society from potential harm while also upholding the rights of individuals who have been accused of criminal offences. It ensures that accused persons are not needlessly detained and that any restrictions placed on their liberty are reasonable and justified.

COMMENTARY

Section 515(2) of the Criminal Code of Canada is a crucial part of the legal system in Canada. This section outlines various conditions for the release of an accused person before their trial, and the procedures that must be followed in determining whether or not they should be released. The section begins by stating that if the justice does not make an order for the detention of the accused under subsection (1), they must order that the accused be released. This means that if the prosecutor fails to provide sufficient evidence or justification for the accused's detention, they must be released unless there is a genuine fear of them fleeing the country or committing further crimes. There are several different ways in which an accused person may be released, each with its own conditions and requirements. One option is for the accused to give an undertaking with such conditions as the justice directs. This means that they must agree to adhere to certain conditions such as staying away from certain people or places, abstaining from drugs or alcohol, or wearing an electronic monitoring device. Another option is for the accused to enter into a recognizance before the justice, without sureties, in such amount and with such conditions as the justice directs but without the deposit of money or other valuable security. This means that the accused must agree to certain conditions and may be required to post a bond or some other form of security, but they do not need to have someone else vouch for them. In some cases, the accused may be required to enter into a recognizance before the justice with sureties in such amount and with such conditions as the justice directs, but without the deposit of money or other valuable security. This means that they must find someone to vouch for them and who will be responsible for ensuring that they adhere to the conditions of their release. The surety may also be required to post a bond or other security. With the consent of the prosecutor, the accused may also be released on their entering into a recognizance before the justice, without sureties, in such amount and with such conditions as the justice directs, and on their depositing with the justice such sum of money or other valuable security as the justice directs. This means that the accused must post a bond or other form of security, but they do not need to find someone to vouch for them. Finally, if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within two hundred kilometers of the place in which they are in custody, they may be released on their entering into a recognizance before the justice with or without sureties in such amount and with such conditions as the justice directs, and on their depositing with the justice such sum of money or other valuable security as the justice directs. This means that they must agree to certain conditions and may be required to post a bond or some other form of security, but they do not need to have someone else vouch for them. In conclusion, Section 515(2) of the Criminal Code of Canada provides for a fair and just process for determining whether or not an accused person should be released before their trial. The section outlines various conditions and requirements for the release of an accused person, depending on the circumstances of the case. This ensures that everyone is treated fairly and that the legal system operates in a just and impartial manner.

STRATEGY

Section 515(2) of the Criminal Code of Canada provides for the release of an accused person from custody in certain circumstances. However, this release is subject to the imposition of various conditions, and prosecutors may attempt to persuade a judge to deny such release or impose strict conditions on the accused. In light of these circumstances, it is important for defense attorneys to be strategic when dealing with this section of the Criminal Code. One of the most important strategic considerations is to ensure that the accused person has access to legal representation from a defense lawyer. This is because the defense lawyer can provide legal advice and representation to the accused during the bail hearing, ensuring that their interests are protected. The lawyer can argue on behalf of the accused and make submissions to the court about the accused's release. Another strategic consideration is to assess the strength of the evidence against the accused. If the evidence is weak, the defense lawyer can argue that the accused should be released on bail with few or no conditions. On the other hand, if the evidence is strong, the defense lawyer may seek to negotiate with the prosecutor to agree to more reasonable bail conditions. A lawyer may also consider the accused's personal circumstances when preparing a strategy. This would include factors such as their occupation, family circumstances, and community ties. These factors can affect the conditions that are imposed on the accused and the likelihood that they will comply with those conditions. When presenting arguments to the court, the defense lawyer may also choose to highlight the accused's cooperation with the police, any voluntary surrender of the accused, or the fact that the accused has been compliant with previous court orders. This can help to convince the judge that the accused is not a flight risk or a danger to the community, and thereby increase the likelihood of being granted bail. Finally, it is important to consider whether or not to request a written decision from the justice hearing the application. A written decision can be particularly useful in cases where the accused is ultimately denied bail and must appeal the decision. In conclusion, defense lawyers should be aware of the various factors that may affect the outcome of a bail hearing under section 515(2) of the Criminal Code of Canada. By developing a strategic approach based on the evidence, the accused's personal circumstances, and the negotiating position of the prosecutor, a defense lawyer can increase the likelihood of a favorable outcome at the bail hearing.