INTRODUCTION AND BRIEF DESCRIPTION
This section applies certain provisions to proceedings under subsection 2, with modifications, but excludes subsection 518(2) for accused persons charged with certain offenses listed in section 469.
SECTION WORDING
523(3) The provisions of sections 517, 518 and 519 apply, with such modifications as the circumstances require, in respect of any proceedings under subsection (2), except that subsection 518(2) does not apply in respect of an accused who is charged with an offence listed in section 469.
EXPLANATION
Section 523(3) of the Criminal Code of Canada is a clause that establishes the application of various provisions in sections 517, 518, and 519 to any proceedings under subsection (2) of section 523. The application of these provisions is modified according to the circumstances that surround each case. However, this section outlines one key exception that comes into effect for defendants charged with an offense listed in section 469. Section 517 provides the court with the power to order a suspect's detention until their trial is complete when a judge believes that their release may threaten the safety or security of the public. Section 518 guides the process of varying or revoking such an order or issuing another similar one. Section 519 deals with the imposition and enforcement of release orders. The purpose of section 523(3) is to outline how these provisions apply to proceedings under subsection (2), which discusses the imposition of pre-trial conditions. The clause explains that these provisions apply with modifications that suit each case but that section 518(2) does not apply to any defendant facing charges listed under section 469. Section 469 deals with offenses that carry the most severe penalties in the Criminal Code of Canada. These offenses include several types of homicides, kidnapping, terrorism, and organized crime, among others. The exclusion of section 518(2) for these cases means that an accused person facing charges under this section cannot be released on bail unless the Crown Prosecutor decides to withdraw the charge or if a judge is convinced that the accused does not pose a threat to public safety or that they are not a flight risk. In conclusion, section 523(3) plays a crucial role in dictating how certain provisions of the Criminal Code apply to proceedings under subsection (2). Its exception on the application of section 518(2) for offenses listed in section 469 ensures that strict bail restrictions are enforced for defendants accused of highly serious criminal offenses in Canada.
COMMENTARY
Section 523(3) of the Criminal Code of Canada is a crucial provision that governs the circumstances in which sections 517, 518, and 519 of the Code apply in respect of proceedings under subsection (2) of section 523. This provision outlines the modifications required to apply these sections, considering the specific circumstances of each situation. However, the provision excludes subsection 518(2) from applying to an accused who is charged with certain offences listed in section 469. Sections 517, 518, and 519 of the Criminal Code of Canada relate to the bail provisions in criminal proceedings. More specifically, these sections govern the conditions and requirements that apply in respect of the release of an accused person pending trial. Section 517 provides that an accused person must be released on bail pending trial, except in certain situations where the detention of the accused is necessary to ensure their appearance in court or to protect the safety or security of the public. Section 518 outlines the different factors that a court must consider when making a bail decision, including the nature of the offence, the strength of the prosecution case, the accused's criminal record, and the likelihood of the accused fleeing or reoffending if released. Finally, section 519 stipulates the conditions that a court can impose on an accused person's release, including house arrest, curfews, and prohibitions on contacting certain individuals. The modifications required to apply sections 517, 518, and 519 in respect of proceedings under subsection (2) of section 523 vary depending on the circumstances of each case. For instance, if an accused person is charged with a serious offence and poses a threat to public safety or is likely to flee, the court may impose stricter conditions on their release, such as a higher bail amount or a curfew. On the other hand, if the accused poses a lesser risk to society, the court may impose more lenient conditions, such as a lower bail amount or a requirement to report to the police regularly. Subsection 518(2) of the Criminal Code of Canada provides that the court must presume that an accused person charged with certain offences listed in section 469 is not eligible for bail unless the accused can demonstrate that their release would not pose a risk to public safety or the administration of justice. However, section 523(3) modifies this provision by excluding its application in respect of an accused person charged with an offence listed in section 469. This means that the accused person charged with such an offence is eligible for bail, and the court must consider all relevant factors to determine whether their release would pose a risk to the public or the administration of justice. In conclusion, section 523(3) of the Criminal Code of Canada is a crucial provision that governs the modification of sections 517, 518, and 519 in respect of proceedings under subsection (2) of section 523. The provision ensures that the bail provisions of the Criminal Code are applied appropriately to each case, taking into account the specific circumstances of each case. Furthermore, the exclusion of subsection 518(2) in respect of an accused person charged with an offence listed in section 469 ensures that all accused persons are presumed innocent until proven guilty and have the fundamental right to be released on bail unless there is a risk to public safety or the administration of justice.
STRATEGY
Section 523(3) of the Criminal Code of Canada deals with the provisions of sections 517, 518, and 519 in relation to proceedings under subsection (2) of section 523. This section lays down certain strategic considerations that need to be taken care of by lawyers and accused persons when dealing with offences that fall under this section. One of the key strategic considerations is the nature of the offence being charged. Section 469 lists certain offences that are considered to be the most serious in the Criminal Code of Canada, including murder, treason, and piracy. If an accused person is charged with any of these offences, section 518(2) cannot be applied. This means that the accused will not be eligible for release pending trial unless the Crown can establish that there is no just cause to detain them. This could significantly impact the accused's ability to prepare their defence as they would be in custody, and therefore, unable to consult with their lawyer freely. Another important consideration is the nature of the evidence against the accused. If the Crown presents strong evidence of guilt, the accused might be advised to enter into a plea bargain rather than going to trial. This could help to secure a lighter sentence and avoid the harsher consequences that come with a conviction. The accused may also consider seeking bail. If the accused is not charged with an offence listed in section 469, they are eligible for release pending trial under section 518(1) of the Criminal Code of Canada. However, even if the accused is charged with an offence listed in section 469, they may still be eligible for bail if the Crown cannot establish that there is no just cause to detain them. A good strategy would be to seek the services of an experienced criminal defense lawyer who could present a strong case for release on bail. A further consideration is the complexity of the case. Complex cases that involve numerous witnesses or technical evidence may require a longer period of time for both the prosecution and defence to prepare. In such cases, the accused might need to be patient and allow their legal team to take the time necessary to prepare a robust defence. In conclusion, when dealing with Section 523(3) of the Criminal Code of Canada, lawyers and accused persons need to consider the nature of the offence, the strength of the evidence, the possibility of bail, and the complexity of the case. These strategic considerations can be crucial in helping to secure the best possible outcome for an accused person.