section 522(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a judge to apply provisions of judicial interim release to an offence other than one mentioned in section 469 if the accused is charged with both.

SECTION WORDING

522(6) Where an accused is charged with an offence mentioned in section 469 and with any other offence, a judge acting under this section may apply the provisions of this Part respecting judicial interim release to that other offence.

EXPLANATION

Section 522(6) of the Criminal Code of Canada refers to the judicial interim release provisions for an accused charged with an offense under section 469 of the Criminal Code and any other offense. Section 469 refers to offenses that carry a maximum sentence of life imprisonment, such as murder, treason, or hijacking. The section allows a judge, who is acting under this section, to extend the provisions of judicial interim release to the other offense. Judicial interim release refers to the process by which an accused is released from custody pending trial or sentencing. The extension of these provisions to the other offense is significant as an accused charged with an offense in section 469 may face a more extended pretrial detention period. This section ensures that an accused facing charges under both section 469 and another offense is not unfairly denied interim release for the other offense. It is essential to note that the decision to release an accused on interim release is based on various factors such as the nature of the offense, the accused's criminal record, and the likelihood of their attendance in court. Therefore, this section aims to ensure that the decision is fair and based on the case's merit and not because of the more severe charge. In summary, section 522(6) of the Criminal Code of Canada is a provision to extend judicial interim release provisions to any other charges an accused might be facing alongside an offense under section 469, ensuring fairness in the pretrial detention process.

COMMENTARY

Section 522(6) of the Criminal Code of Canada grants judges the power to apply the provisions of Part XVI (judicial interim release) to an accused charged with an offence mentioned in section 469 and any other offence. This provision recognizes that an accused charged with multiple offences may face greater challenges in obtaining release pending trial than an accused charged with a single offence. It aims to ensure that all accused persons are treated fairly and reasonably in the criminal justice system. Section 469 of the Criminal Code of Canada deals with the most serious offences, such as murder, treason, and piracy. These offences are typically considered to pose significant risks to public safety and therefore carry more severe penalties. An accused charged with such an offence would likely face strict release conditions, if any, unless they can show that releasing them would not pose a danger to society or would not result in their failure to attend court. Applying the provisions of Part XVI to the other offence(s) charged alongside a section 469 offence can help provide a more balanced approach to release determinations. Part XVI sets out the principles and factors that must be considered when deciding whether to grant an accused interim release. These include the accused's criminal record, the nature and gravity of the offence, the strength of the Crown's case, and the likelihood of the accused attending court as required. By considering these factors for both the section 469 offence and the other offences charged, judges can make more informed decisions about release conditions. For instance, an accused charged with both murder and robbery may be a flight risk due to the seriousness of the murder charge, but may not pose a significant risk to public safety in relation to the robbery charge. The judge could therefore impose conditions tailored to the accused's individual circumstances, rather than imposing blanket conditions based solely on the section 469 offence. Section 522(6) also has implications for accused persons from marginalized communities who may face disproportionately harsh treatment in the criminal justice system. For example, a racialized accused charged with both a section 469 offence and a minor drug offence could face harsher release conditions than a non-racialized accused charged with the same offences. Applying the principles of Part XVI to both offences can help address these inequalities and ensure that all accused persons are treated fairly and equitably. In conclusion, section 522(6) recognizes the complexities involved in releasing an accused charged with both a section 469 offence and other offences. It provides judges with the flexibility to apply the provisions of Part XVI to all offences charged, ensuring that release determinations are fair, reasonable, and tailored to the accused's individual circumstances. This provision helps balance the need to protect public safety with the fundamental principle of the presumption of innocence, and fosters greater trust in the criminal justice system.

STRATEGY

Section 522(6) of the Criminal Code of Canada deals with the provision for judicial interim release of an accused person who is charged with an offence listed under section 469 of the Criminal Code. Such offences are considered the most serious under Canadian law, and the accused may face a lengthy imprisonment term if convicted. This section of the Criminal Code provides the judge with the discretion to apply the provisions of judicial interim release to the other offence with which the accused is charged, besides the offence under section 469. Strategic Considerations When dealing with section 522(6), several strategic considerations need to be taken into account by the defence counsel. These strategies may include: 1.Separate Applications: Defence counsel can make separate applications for judicial interim release for each offence. This strategy will allow the defence to focus on the specific circumstances of each offence and present a strong case for bail. Additionally, it can prevent the denial of bail for an accused person charged with a less serious offence because of the inclusion of a section 469 offence. 2.Procedural Safeguards: Defence counsel should ensure that the procedural safeguards are in place during the bail hearing, including notifying the Crown attorney ahead of time, having a strong surety, and presenting evidence of the accused's ties to the community and their ability to attend court. 3.Evidence: Defence counsel should present evidence to the Court that the accused is not a flight risk or risk to public safety. This evidence could include the accused's past criminal record, employment status, mental health status, and family ties. 4.Bail Conditions: Defence counsel should propose reasonable bail conditions to the Court that will ensure the accused's attendance in court, without being unduly restrictive. These conditions may include a curfew, reporting to a bail supervisor or police, electronic monitoring, or an order to refrain from contacting the victim or witnesses in the case. 5.Expert Witnesses: In some cases, retaining expert witnesses to testify on the accused's behalf, could be beneficial. Expert testimony could bolster the defence's case and provide additional evidence to support the accused's release on bail. Strategic Considerations for the Crown The Crown also needs to consider strategic approaches when dealing with section 522(6). Strategies that can be used by the Crown include: 1.Requesting a Joint Hearing: The Crown can request a joint bail hearing, which the Court might grant, which will deal with both the section 469 offence, and the other offence with which the accused is charged. This strategy will help to ensure both charges are considered by the court and avoid inconsistent rulings by different judges. 2.Presenting Evidence: The Crown can present evidence to the Court that the accused poses a flight risk or threat to public safety. This evidence could include the accused's past criminal record, employment status, mental health status, and family ties. 3.Requesting Strict Bail Conditions: The Crown may suggest strict bail conditions, such as electronic monitoring and reporting to police. This strategy could make it difficult for the accused to meet the conditions and remain on bail, possibly strengthening the case for detention. 4.Electronic Media Monitoring: The Crown may opt to require the accused to have their electronic devices monitored if they are released on bail. This could reduce the likelihood of the accused contacting victims or witnesses in the case or engaging in other criminal activities while on bail. Conclusion In conclusion, Section 522(6) of the Criminal Code of Canada provides options for defence counsel and the Crown when dealing with an accused person charged with a section 469 offence and with any other offence. Both sides must consider the appropriate legal strategies when applying for judicial interim release. Tactics such as separate applications, presenting evidence, and proposing reasonable bail conditions can help the defence. Contrastingly, the Crown might opt for joint hearing, presenting evidence, requesting strict bail conditions, or requiring electronic media monitoring if they feel the accused is a danger to society. It's important to understand that these strategies are not exhaustive and that different circumstances surrounding each unique case may require exploring different strategies to achieve the desired outcome.