INTRODUCTION AND BRIEF DESCRIPTION

This section specifies that if the prosecutor justifies the detention of an accused person, a justice must order that they remain in custody and provide a statement of their reasons for doing so.

SECTION WORDING

515(5) Where the prosecutor shows cause why the detention of the accused in custody is justified, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall include in the record a statement of his reasons for making the order.

EXPLANATION

Section 515(5) of the Criminal Code of Canada is a provision that governs the detention of accused individuals in Canada. According to this section, if the prosecutor can establish sufficient cause for the detention of the accused person, the justice must issue an order for their continued custody until they are dealt with according to law. This means that the accused person will remain in custody until they are either acquitted or sentenced. The term "sufficient cause" is not defined in the Criminal Code, and it is up to the discretion of the prosecutor to prove it to the justice. In order to do so, the prosecutor must present evidence that demonstrates that the accused person is likely to flee, pose a danger to the public, or interfere with the administration of justice if they are released from custody. Once the prosecutor has shown sufficient cause, the justice must order the detention of the accused person and include in the record a statement of their reasons for doing so. This statement must explain the basis for the decision and any relevant factors that were taken into account, such as the nature of the offence, the accused person's criminal history, and their ties to the community. Overall, section 515(5) plays an important role in ensuring public safety and preserving the integrity of the justice system. By allowing for the continued detention of accused individuals who pose a risk to society or the administration of justice, it helps to prevent further harm and ensures that those who are charged with a crime are held accountable according to the law.

COMMENTARY

Section 515(5) of the Criminal Code of Canada is an important provision in the criminal justice system of Canada that governs the detention of accused persons in custody. This provision is intended to ensure that the detention of accused persons is based on sufficient grounds and that the detention only continues for as long as it is necessary. The provision provides for a court hearing where the prosecutor is required to show cause why the detention of the accused in custody is justified. If the prosecutor is able to make such a showing, the judge or justice presiding over the hearing must order that the accused be detained in custody until he or she is dealt with according to law. The judge or justice must also include in the record a statement of reasons for making the order. This provision balances the competing interests of accused persons' liberty and public safety. In determining whether or not to continue the detention of an accused person, the court considers the seriousness of the offence, the likelihood of the accused committing another offence if released, the likelihood of the accused appearing for trial, and any other relevant factors. The provision is also in line with the fundamental rights enshrined in the Canadian Charter of Rights and Freedoms, specifically section 7 which guarantees the right to liberty and security of the person and outlines that a person can only be deprived of these rights in accordance with the principles of fundamental justice. Detention is a serious infringement on an individual's liberty and can have significant consequences on their lives. Therefore, the provision ensures that detention is not ordered without a strong justification for doing so. Additionally, the provision recognizes that an order for detention must be justified by reasons that are recorded in the record. This requirement ensures that the justification for detention is clear and transparent, allowing for accountability and review. It also ensures that the accused person and their legal counsel have access to the reasons for detention, which is essential to their ability to challenge the detention order if they wish to do so. Overall, Section 515(5) of the Criminal Code of Canada is an important provision that protects the fundamental rights of accused persons while balancing the need for public safety and ensuring accountability in the justice system. It serves as an important safeguard against arbitrary detention and ensures that detention is based on strong justifications that are clearly articulated and recorded.

STRATEGY

Section 515(5) of the Criminal Code is an incredibly important part of the Canadian justice system. It allows for the detention of accused individuals in custody, provided the prosecutor can show just cause for such detention. As such, it is often employed by prosecutors as a key tool in their efforts to bring criminals to justice. There are several strategic considerations that prosecutors and defense attorneys alike must take into account when dealing with this section of the Criminal Code. Firstly, the prosecutor must ensure that they have a strong case for why detention is necessary. This may include evidence of flight risk or danger to the community, as well as the accused's criminal record and the severity of the charges. Such evidence must be presented to the court in a clear and persuasive manner, in order to convince the justice to order detention. Secondly, the prosecutor must be aware of the accused's rights. The right to liberty is a fundamental right that is protected under the Canadian Charter of Rights and Freedoms. As such, prosecutors must ensure that any detention is lawful and also that the accused is entitled to a fair hearing in court. This requires a careful balancing of the interests of the accused and of society as a whole. Thirdly, defense attorneys must have a strong understanding of the law and the procedures involved in seeking release from custody. This may include filing applications for bail or habeas corpus, challenging the prosecutor's evidence, or arguing that the conditions of detention are unduly harsh or restrictive. Defense attorneys must be skilled at crafting persuasive legal arguments and making compelling submissions to the court. There are several strategies that can be employed by both prosecutors and defense attorneys when dealing with section 515(5) of the Criminal Code. For prosecutors, it is important to ensure that they have a strong case for detention, and that they are able to present their evidence in a persuasive and compelling manner. This may involve conducting thorough investigations, obtaining witness statements and other forms of evidence, and engaging in effective advocacy. For defense attorneys, it is important to be well-prepared and knowledgeable about the law and the procedures involved in seeking release from custody. They must be able to challenge the prosecutor's evidence and make compelling arguments in favor of their client's release. This may involve identifying weaknesses in the prosecution's case, highlighting the accused's ties to the community, or providing evidence of their rehabilitation or remorse. Overall, section 515(5) of the Criminal Code is an important tool for both prosecutors and defense attorneys in seeking justice through the Canadian court system. By being strategic and well-prepared, these legal professionals can ensure that accused individuals are treated fairly and that the interests of society are protected.