INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the considerations a judge may take into account during an application hearing related to a previous order made by a justice of the peace.
SECTION WORDING
520(7) On the hearing of an application under this section, the judge may consider (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice, (b) the exhibits, if any, filed in the proceedings before the justice, and (c) such additional evidence or exhibits as may be tendered by the accused or the prosecutor, and shall either (d) dismiss the application, or (e) if the accused shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers is warranted.
EXPLANATION
Section 520(7) of the Criminal Code of Canada is an important provision which grants power to a judge to consider various materials while hearing an application under this section. The judge can look at the transcript of the proceedings heard by the justice, as well as any previous reviews of the order made by the justice. Furthermore, the exhibits filed in the proceedings before the justice can also be considered, along with any additional evidence or exhibits that are tendered by either the accused or the prosecutor. This section allows the judge to have a comprehensive view of all the evidence that was presented in the earlier proceedings, along with any new evidence that has now come to light. Based on this collective consideration, the judge may either dismiss the application, or allow it if the accused shows sufficient cause. In the latter case, the judge may vacate the order previously made by the justice and make any other order which he/she considers is warranted under Section 515 of the Criminal Code. Overall, Section 520(7) of the Criminal Code of Canada is a crucial mechanism that ensures the expeditious and fair consideration of applications related to bail. The provision enables the judge to make an informed and impartial decision by taking into account all available evidence and exhibits.
COMMENTARY
Section 520(7) of the Criminal Code of Canada outlines the process that a judge must follow when considering an application made by an accused person for release from detention pending trial. This section is significant because it ensures that an accused person is provided with a fair process for seeking release from detention. Under this section, a judge may consider a range of evidence when deciding whether to grant an application for release. This includes the transcript of proceedings before the justice who initially ordered the detention, as well as any subsequent reviews carried out by other judges. The judge may also review any exhibits that were submitted during those proceedings, and may consider additional evidence or exhibits that are presented by either the accused or the prosecutor. Importantly, the judge is required to make a decision on the application, either by dismissing it or by granting it and making an appropriate order for release. This ensures that the accused is not left in a state of limbo, with their detention dragging on indefinitely. Overall, Section 520(7) represents an important protection for those who have been accused of a crime. It ensures that they are provided with a fair process for seeking release from detention, and that any decision to continue their detention is made in light of all the available evidence. By requiring the judge to make a decision one way or the other, this section helps to ensure that people are not left languishing in detention for indefinite periods of time. However, it is important to note that the effectiveness of this section depends on a number of factors, including the quality of legal representation that a person receives, as well as the capacity of the court system to process applications for release in a timely manner. In cases where an accused person does not have adequate legal representation, or where the court system is overwhelmed with cases, Section 520(7) may not be sufficient to ensure that people are not left detained for lengthy periods of time. Nonetheless, the existence of this section is an important safeguard against arbitrary detention. It ensures that both the rights of the accused and the interests of the justice system are taken into account when making decisions about pre-trial detention. By providing clear guidelines for judges to follow, Section 520(7) helps to ensure that the justice system operates fairly and transparently.
STRATEGY
Section 520(7) of the Criminal Code of Canada provides a mechanism for an accused person to apply to a higher court for a review of a bail decision made by a lower court. This section affords the accused an opportunity to present evidence that was not before the original judge or justice of the peace who made the initial bail decision. When dealing with Section 520(7), the primary strategic consideration for an accused is to present compelling evidence that shows cause for the court to vacate the previous bail order and grant a new order. This evidence may be testimonial, documentary, or forensic, and could include evidentiary developments since the initial bail hearing. In order to effectively prepare an application under Section 520(7), an accused will need to engage in focused discovery of the prosecution's case, identifying any potential weaknesses, and developing a strategy for attacking the strength of the Crown's case. The accused should also consider retaining expert witnesses to challenge the prosecution's evidence and assist with the presentation of their own case. Another strategy that could be employed is to bring forward information about the accused's personal circumstances that was not known at the time of the initial bail hearing. This could include evidence of the accused's ties to the community, their employment history, and any other factors that would mitigate the risk of flight or harm to the public. The strategic considerations for the prosecutor when dealing with Section 520(7) are different from those of the accused. The prosecutor must be prepared to defend the original bail decision and address any new evidence presented by the accused. The prosecutor should also be prepared to present evidence that shows the accused is a flight risk or a danger to the public. One strategy that could be employed by the prosecutor is to seek to have the initial bail decision confirmed by the higher court, emphasizing the importance of preserving the public interest and ensuring that the accused appears for trial. Overall, the strategic considerations for an accused or prosecutor dealing with Section 520(7) will depend on the specific circumstances of the case. However, in order to be successful in their respective positions, both parties must be prepared to present compelling evidence that supports their position and challenges that of the opposition.