section 522(4)

INTRODUCTION AND BRIEF DESCRIPTION

Orders made under Section 522(4) are not subject to review, except as provided in Section 680.

SECTION WORDING

522(4) An order made under this section is not subject to review, except as provided in section 680.

EXPLANATION

Section 522(4) of the Criminal Code of Canada addresses the issue of review for orders made under this section. This section is related to review of interlocutory orders. The provision outlines the conditions under which orders shall not be reviewed, except as provided in section 680 of the Criminal Code. According to this provision, an order made under section 522 of the Criminal Code of Canada is not subject to review. Interlocutory orders are usually made at a preliminary stage of a trial or investigation, and they are intended to maintain the status quo or determine a procedural issue. Section 522 is related to the power of a court to order a stay of proceedings where a prosecutor is unlikely to prove the charge, or where the charge is frivolous, vexatious or an abuse of process. Under this provision, once the court makes an order under section 522, it cannot be reviewed except as provided under section 680 of the Criminal Code of Canada. Section 680 outlines the procedure for appeals and reviews of decisions made in criminal proceedings. Appeals and reviews must be made in accordance with the process outlined in section 680. The purpose of this provision is to limit the review of orders made under section 522 of the Criminal Code to ensure the judicial process is not delayed. By limiting the review of these orders, the court can focus on the substantive issues of the case and proceed with minimal disruption. It also ensures that the defendants' rights are protected in a timely and efficient manner. Overall, section 522(4) is an essential provision that helps to promote the efficiency and fairness of the criminal justice system in Canada.

COMMENTARY

Section 522(4) of the Criminal Code of Canada deals with judicial orders issued under section 522 of the Criminal Code. This section provides for the release of an accused person pending trial, after taking into account factors such as the nature of the offense, the likelihood of the accused appearing in court, and the safety of the community. The provision states that once an order has been made under this section, it is not subject to review, except in accordance with section 680 of the Criminal Code. Section 680(1) of the Criminal Code allows a person who has been denied bail to apply for a review of the detention order by a judge or justice. The purpose of Section 522(4) is to ensure that the decision made by the judge or justice with regard to the release of the accused is final. It is not subject to appeal or review by any other court or judicial authority. The reason for this is to maintain the integrity of the judicial process and prevent endless litigation on this issue. It ensures that the accused person is either released on bail or detained pending trial in a timely manner, without the possibility of further court proceedings. However, the provision also recognizes that there may be exceptional circumstances where the detention order needs to be reviewed. These circumstances may arise when new evidence comes to light or when there has been a change in the circumstances of the accused or the complainant. In such cases, the accused can apply for a review of the detention order under section 680 of the Criminal Code. This provision is important in providing balance between the right to liberty of an accused and the community's interest in public safety. It allows for a fair and just process while ensuring that the administration of justice is not compromised. In conclusion, Section 522(4) of the Criminal Code of Canada is aimed at ensuring that orders issued under section 522 of the Criminal Code are not subject to review except in exceptional circumstances. This provision allows for a timely and efficient judicial process while also recognizing the importance of individual liberties and the rule of law.

STRATEGY

Section 522(4) of the Criminal Code of Canada provides that an order made under this section, which pertains to the release of an accused person pending the outcome of their trial, is not subject to review except as provided in section 680. This provision is an important tool for the administration of justice, but it also presents strategic considerations for legal practitioners and their clients. One of the main strategic considerations when dealing with this section is the importance of getting the release order right the first time. As the provision indicates, there is very limited recourse for review once the order is made. This means that if a party is dissatisfied with the terms or conditions of the order, they may have limited options for challenging it after the fact. As such, it is crucial to carefully consider all pertinent facts and legal arguments when making submissions for release and to ensure that all relevant information is put before the court. Another strategic consideration is the need to understand the specific grounds for release set out in section 522. Under this provision, an accused person may be released on bail if the court is satisfied that they will appear in court when required to do so, that their release will not endanger public safety, and that their release is not likely to interfere with the administration of justice. Legal practitioners must be familiar with these grounds and be able to provide evidence to the court that supports their client's release on these grounds. A further strategic consideration is the importance of assessing the risks and benefits of seeking release. While release pending trial can have significant advantages for an accused person, such as being able to return to work or home, it may also involve certain risks, such as the potential for breaching any conditions of the order. Legal practitioners must carefully assess their client's circumstances and the potential risks and benefits of seeking release, and develop a strategy that is in their client's best interests. In terms of strategies that could be employed, legal practitioners may consider various approaches, depending on the specific circumstances of the case. For example, they may seek to provide evidence to the court that demonstrates that their client is not a flight risk and has strong ties to the community, such as a stable job, family, or other support networks. They may also seek to address any concerns the court may have about public safety by proposing stringent conditions for release, such as regular reporting to the police or electronic monitoring. Another strategy could be to seek the support of a surety, who agrees to take responsibility for the accused person and ensure they comply with the terms of their release. This can be particularly effective when the accused person has strong ties to the community but may not be able to satisfy the court that they will appear for trial or pose no risk to public safety on their own. In conclusion, section 522(4) of the Criminal Code of Canada presents important strategic considerations for legal practitioners and their clients when seeking release pending trial. While there are limited options for review once an order is made, careful preparation and assessment of the risks and benefits of seeking release can help develop effective strategies that are in their client's best interests.