INTRODUCTION AND BRIEF DESCRIPTION
This section outlines circumstances where an accused person may be detained in custody until they are dealt with according to law, including certain indictable offences, terrorism offences, and offences involving firearms or prohibited weapons.
SECTION WORDING
515(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged (a) with an indictable offence, other than an offence listed in section 469, (i) that is alleged to have been committed while at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 or 680, (ii) that is an offence under section 467.11, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization, (iii) that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence, (iv) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act, (v) an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act that is committed in relation to on offence referred to in subparagraph (iv), (vi) that is an offence under section 99, 100 or 103, (vii) that is an offence under section 244 or 244.2, or an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or (viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1); (b) with an indictable offence, other than an offence listed in section 469 and is not ordinarily resident in Canada, (c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while he was at large after being released in respect of another offence pursuant to the provisions of this Part or section 679, 680 or 816, or (d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.
EXPLANATION
Section 515(6) of the Criminal Code of Canada outlines the circumstances in which an accused person may be detained in custody until they are dealt with according to the law. This section applies to accused persons who are charged with an indictable offense, excluding offenses listed in section 469. The accused person may be detained if they are alleged to have committed the offense while at large after being released in respect to another indictable offense. They may also be detained if they are accused of an offense under any of sections 83.02 to 83.04 and 83.18 to 83.23, or any offense related to terrorism or other serious offenses associated with criminal activity. Additionally, an accused person charged with certain indictable offenses, such as offenses involving firearms, prohibited devices, or explosive substances, whilst under a prohibition order, may be detained in custody until dealt with according to law. The section also applies to accused persons who are not ordinarily resident in Canada and are charged with an indictable offense, as well as to those charged with the offense of conspiring to commit offense punishable by life under the Controlled Drugs and Substances Act. Overall, this section serves to ensure that accused persons who pose a risk to public safety or who are likely to flee from justice are detained until they are appropriately dealt with in the eyes of the law.
COMMENTARY
Section 515(6) of the Criminal Code of Canada outlines the circumstances under which an accused can be detained in custody until they are dealt with according to the law. The section specifies several conditions that warrant detention in custody, including being charged with an indictable offense, an offense committed while at large after being released in respect to another indictable offense, an offense involving terrorism, or an offense involving a firearm, prohibited weapon, or explosive substance. The purpose of this section is to protect society from potentially dangerous individuals who are accused of committing serious offenses. By detaining the accused in custody, the justice system can ensure that they do not pose a risk to society while awaiting trial. However, it is important to note that the accused has the opportunity to show cause why their detention is not justified. This means that they can provide evidence or arguments that demonstrate that they do not pose a risk to society and should be released on bail. This provision ensures that the justice system does not unnecessarily deprive individuals of their liberty. It is also noteworthy that the section applies to both Canadian residents and non-residents. This means that non-residents who are accused of committing serious offenses in Canada can be detained in custody until they are dealt with according to the law. This provision helps to ensure that individuals who commit crimes in Canada are held accountable, regardless of their nationality or immigration status. Overall, Section 515(6) of the Criminal Code of Canada plays an important role in ensuring public safety and holding individuals accountable for serious offenses. However, it is essential that the justice system strikes a balance between protecting society and respecting the rights of accused individuals. The provision allowing the accused to show cause why their detention is not justified helps to promote this balance.
STRATEGY
Section 515(6) of the Criminal Code of Canada relates to the detention of accused persons in custody pending their trial. This section lays out the circumstances under which an accused person can be detained in custody without being granted bail. There are various strategic considerations that lawyers and accused persons need to take into account when dealing with this section of the Criminal Code. Firstly, it is important to note that the presumption in Canadian law is that an accused person should be released on bail unless there are compelling reasons otherwise. Therefore, lawyers representing accused persons must be able to demonstrate that their client meets the criteria for release on bail in order to challenge the detention order. One strategy that lawyers can use in order to challenge the detention order is to argue that the detention of their client would be contrary to the principles of fundamental justice and that they would suffer undue hardship if detained. For example, lawyers could argue that being detained would cause the accused person to lose their job or would put their family in financial distress. Another strategy that lawyers can employ is to challenge the Crown's case against their client in order to demonstrate that there is insufficient evidence to justify the detention order. This strategy involves examining the evidence against the accused person and pointing out any weaknesses or inconsistencies in the Crown's case. This can be used to argue that the accused person should be released on bail because there is not enough evidence to suggest that they pose a flight risk or a danger to the public. Furthermore, lawyers can also consider alternatives to traditional sureties in bail applications. This includes seeking electronic monitoring, sureties from professionals, or sureties from community organizations. These alternatives can provide the court with additional assurances that the accused person will attend court and can be trusted to not reoffend. Finally, during bail hearings, accused persons can demonstrate their commitment to attending court and not reoffending by providing a plan of action to the judge. This plan could include agreeing to attend drug or alcohol rehabilitation programs, providing a curfew, or consenting to monitoring by electronic means. In conclusion, Section 515(6) of the Criminal Code of Canada lays out strict criteria for the detention of accused persons. There are various strategic considerations that lawyers and accused persons need to take into account when dealing with this section. Some strategies that can be used to challenge a detention order include arguing that detention would be contrary to principles of fundamental justice, challenging the Crown's case, and providing alternatives to traditional sureties. Finally, accused persons can demonstrate their commitment to attending court and not reoffending by presenting a plan of action to the judge.