Criminal Code of Canada - section 519(3)

section 519(3)

INTRODUCTION AND BRIEF DESCRIPTION

When a justice orders detention of an accused person under subsection 515(5) or (6), they must issue a warrant for the accuseds committal.

SECTION WORDING

519(3) Where the justice makes an order under subsection 515(5) or (6) for the detention of the accused, he shall issue a warrant for the committal of the accused.

EXPLANATION

Section 519(3) of the Criminal Code of Canada is an important provision that sets out what happens in cases where a justice of the peace has made an order for the detention of an accused person. In such cases, the justice of the peace is required to issue a warrant for the committal of the accused. This provision is crucial for ensuring that those accused of crimes are held accountable for their actions and are brought before the court to face trial in a timely manner. It also ensures that the public is protected from those who may pose a threat to their safety. The Criminal Code of Canada sets out specific criteria that must be met before an accused person can be detained. For example, the accused person must pose a flight risk, or pose a danger to the public if released on bail. In cases where the justice of the peace has determined that the accused person meets these criteria and orders their detention, section 519(3) requires the justice of the peace to issue a warrant for the committal of the accused. The warrant for committal is a legal document that authorizes the detention of the accused person. It requires the authorities to take the accused into custody and transport them to a designated detention facility, where they will be held until their trial. In conclusion, section 519(3) plays a critical role in ensuring that accused persons are held accountable for their actions and that the justice system is able to function effectively. It is an important tool that allows the authorities to detain those who may pose a danger to the public or may attempt to flee justice.

COMMENTARY

Section 519(3) of the Criminal Code of Canada deals with the detention of an accused person and the subsequent issuance of a warrant for their committal. This section is of critical importance as it ensures that an accused person is not subjected to arbitrary detention and that any detention is in compliance with the Charter of Rights and Freedoms. Subsection 515(5) and (6) concern the detention of an accused person prior to trial. This can occur either upon arrest or after a bail hearing. The subsections enumerate the various reasons for detention, including the likelihood of the accused fleeing, endangering the public or interfering with the course of justice, and the seriousness of the offence. When a justice makes an order for the detention of an accused under subsection 515(5) or (6), it is necessary to issue a warrant for committal as per section 519(3). This warrant is the legal authority to detain the accused, and it must be executed by the police. The warrant must be clear and precise about the accused's identity and the reasons for their detention, which must be consistent with the detention order. The requirement for a warrant for committal is a significant safeguard against arbitrary detention. It ensures that law enforcement officers must have specific and authorized grounds for detaining an accused person and are not able to detain them based on presumed guilt or suspicion. The requirement also ensures that the detention of the accused is subject to judicial oversight, as the warrant must be issued by a justice of the peace or a judge. The issuance of a warrant for committal also has important implications for the accused's right to counsel. This right is enshrined in section 10(b) of the Charter, which provides that upon arrest or detention, an accused person has the right to retain and instruct counsel without delay and to be informed of that right. The issuance of a warrant for committal creates a legal obligation for the police to inform the accused of their right to counsel, which is critical for the accused to exercise their right to a fair trial. In conclusion, section 519(3) of the Criminal Code of Canada is a fundamental safeguard against arbitrary detention in the Canadian justice system. The requirement for a warrant for committal ensures that any detention is authorized and subject to judicial oversight, and that the accused's rights to counsel and a fair trial are protected.

STRATEGY

Section 519(3) of the Canadian Criminal Code is one of the most important provisions in criminal proceedings. This section provides the basis for the detention of an accused person during the criminal trial process and, as such, it is essential for the successful operation of the administration of justice system. There are several strategic considerations to keep in mind when dealing with this section of the Criminal Code. One of the most important strategic considerations is to make sure that the detention of the accused is justified. Section 515(10) of the Criminal Code provides a list of factors that the judge must consider when deciding whether detention is necessary. These include the risk of the accused not appearing in court, the protection of the public, and the seriousness of the offence. It is important to consider each of these factors when arguing in favour of or against detention. Another strategic consideration is to consider the likely length of time that the accused will be detained. Detention can have a significant impact on the accused's life, and can result in lost wages, disruption to family life, and other adverse consequences. It is important to consider the accused's individual circumstances when arguing for or against detention, and to try to minimize the amount of time the accused will spend in custody. Another important strategy is to consider the available alternatives to detention. For example, the accused may be able to be released on bail, subject to certain conditions, such as reporting to the police station regularly, or staying away from certain people or places. A lawyer might consider proposing some form of bail to the court, in order to avoid detention of the accused. It is also important to consider the strength of the Crown's case when arguing for or against detention. If the Crown's case is weak, it may be easier to argue that the accused should be released on bail, or that detention is not necessary. On the other hand, if the Crown's case is strong, detention may be justified in order to protect public safety and prevent the accused from absconding. In addition to these strategic considerations, there are also several strategies that can be employed when dealing with this section of the Criminal Code. For example, a lawyer might try to negotiate with the Crown prosecutor or the judge in order to reach a favourable agreement. This might involve agreeing to certain conditions in exchange for the accused's release on bail, or negotiating a shorter period of detention. Another strategy is to challenge the validity of the arrest or detention. If the arrest was made without a warrant, or if the conditions for detention have not been met, it may be possible to have the charges dismissed or the accused released on bail. This strategy requires careful investigation of the circumstances of the arrest and detention, and a strong legal argument. In conclusion, Section 519(3) of the Criminal Code of Canada is an important provision in criminal proceedings, and requires careful consideration when dealing with the detention of an accused person during the criminal trial process. A range of strategic considerations and strategies can help ensure that the detention of the accused is justified, and that the accused's rights and interests are protected throughout the criminal proceedings.