Criminal Code of Canada - section 520(9) - Application of sections 517, 518 and 519

section 520(9)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that certain provisions apply to an application made under section 520 with necessary modifications.

SECTION WORDING

520(9) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

EXPLANATION

Section 520(9) of the Criminal Code of Canada refers to the application of sections 517, 518 and 519 in the context of a specific application. These sections pertain to the detention of accused persons, the release of accused persons, and the review of detention orders, respectively. When an application is made under section 520 of the Criminal Code, which relates to the appointment of counsel for an accused person who is unable to obtain counsel, the provisions of sections 517, 518 and 519 will apply with modifications as necessary. This means that the same basic principles and procedures that apply to detention, release, and detention review will be applicable to the appointment of counsel in this context. The circumstances of the accused person's situation will dictate what modifications are required to these provisions. For example, if an individual needs to be appointed counsel but is currently detained, modifications may need to be made to the process of granting bail. Alternatively, if the accused person is seeking an expedited hearing to appoint counsel, the process for reviewing detention orders may need to be modified. Overall, the purpose of section 520(9) is to ensure that the principles of fairness, justice, and protection of individual rights are upheld in the process of appointing counsel for those who require it. By applying certain provisions from other sections of the Criminal Code, the process can be adapted to the specific circumstances of each case while still maintaining these fundamental principles.

COMMENTARY

Section 520(9) of the Criminal Code of Canada is a provision that spells out the application of sections 517, 518 and 519 of the Code, specifically in relation to an application made under section 520 of the Code. This section represents the foundation of the Canadian bail system and governs the process by which an accused person is released from detention pending trial. The provision of section 520(9) is significant because it underscores the importance of the bail system in ensuring that the criminal justice process is fair and just. As an accused person has the right to be presumed innocent until proved guilty, it is the responsibility of the State to ensure that the conditions of detention imposed on the accused do not unduly restrict their liberty or cause unnecessary harm. The bail system in Canada is thus a vital component of the criminal justice process. It provides an accused person with the opportunity to secure their release from detention pending trial, provided that they comply with the conditions for their release. As such, the system is intended to balance the interests of the accused with those of the State, ensuring that the former is not needlessly detained and that the latter can ensure that the criminal justice process is not obstructed. The application of sections 517, 518 and 519 to section 520 of the Criminal Code underscores the importance of providing the necessary modifications to the bail system to ensure that it functions properly. Section 517 sets out the default position for release of an accused person pending trial. It provides that an accused person may be released on their own recognizance or with conditions deemed necessary to ensure their attendance in court and for the protection of public safety. Section 518 outlines the conditions for sureties and section 519 establishes the requirement for recognizances. Section 520, on the other hand, provides a mechanism for a detention order to be made against an accused person if the prosecution can show that their release on bail would endanger public safety, or that the accused person is likely to fail to attend court. As such, section 520 represents a modification to the default position of release under section 517. The application of sections 517, 518 and 519 to section 520 means that these provisions have to be interpreted in light of the specific circumstances that led to the detention order being made. This is essential to ensure that the rights of the accused are protected and that the bail system functions optimally. Section 520(9) thus plays a critical role in ensuring that the bail system is consistent with the principles of fairness, justice, and the protection of public safety. This provision provides the required flexibility needed to modify the default bail system to meet the unique circumstances of each case. In conclusion, section 520(9) of the Criminal Code of Canada is a vital component of the Canadian bail system. It outlines the necessary modifications to be made to sections 517, 518 and 519 to ensure that the bail system functions fairly and justly. As such, it underscores the importance of the bail system for ensuring that the criminal justice process functions optimally, and that the rights of the accused are protected.

STRATEGY

Section 520(9) of the Criminal Code of Canada is a provision that provides for the imposition and variation of conditions on an accused's release pending trial. In particular, it allows a court to make an order for the release of an accused person on bail, subject to certain conditions and restrictions, when the Crown has applied for a detention order. When dealing with this section of the Criminal Code, there are several strategic considerations that must be taken into account. Some of these strategies are as follows: 1. The nature of the charges - The nature of the charges faced by the accused is an important factor to consider when determining the type of bail conditions to impose. If the charges are minor or non-violent, the conditions may be less stringent than when the charges are more serious. 2. The strength of the Crown's case - The strength of the Crown's case is another important consideration when determining bail conditions. If the case against the accused is strong, the Crown may argue for more restrictive conditions, such as a curfew or electronic monitoring. 3. The risk of flight or reoffending - The risk of flight or reoffending is also a critical consideration when determining bail conditions. If the accused is considered a flight risk, the conditions may include an order to surrender their passport. If the accused is considered a risk to public safety, the conditions may include an order to stay away from certain people or places. 4. The financial resources of the accused - The financial resources of the accused are another important consideration when setting bail conditions. If the accused is unable to pay a large sum of money for bail, the conditions may be less onerous than if the accused is financially able to pay a significant amount. 5. The impact of the conditions on the accused - Finally, the impact of the conditions on the accused is another factor to consider when setting bail conditions. The conditions should not be so onerous that they would prevent the accused from fulfilling their daily responsibilities, such as work or caring for family members. In terms of strategies that can be employed when dealing with this section of the Criminal Code, there are several options: 1. Negotiate with the Crown - Negotiating with the Crown can be an effective way to reach a mutually agreeable set of bail conditions. If the Crown is amenable, it may be possible to reach a compromise that satisfies both parties. 2. Highlight weaknesses in the Crown's case - If the Crown's case is weak, it may be possible to argue for more lenient bail conditions. By highlighting weaknesses in the Crown's case, it may be possible to convince the court that the accused is not a flight risk or a danger to public safety. 3. Provide evidence of strong ties to the community - Providing evidence of strong ties to the community, such as stable employment or family relationships, can be an effective way to argue for more lenient bail conditions. 4. Demonstrate compliance with previous bail conditions - If the accused has complied with previous bail conditions, it may be possible to argue for less stringent conditions. 5. Hire a skilled criminal defence lawyer - Finally, hiring a skilled criminal defence lawyer can be critical when dealing with this section of the Criminal Code. A skilled lawyer can provide effective representation in court, make compelling arguments on behalf of the accused, and help to negotiate the most favourable bail conditions possible.