INTRODUCTION AND BRIEF DESCRIPTION
This section requires a justice to give reasons for their order and applies subsection 515(9) with modifications.
SECTION WORDING
524(10) Where the justice makes an order under subsection (9), he shall include in the record a statement of his reasons for making the order, and subsection 515(9) is applicable with such modifications as the circumstances require in respect thereof.
EXPLANATION
Section 524(10) of the Criminal Code of Canada requires that in cases where a justice makes an order under subsection (9), the record must include a statement of the reasons for making the order. This section is important in ensuring transparency and accountability in the criminal justice system. It provides a mechanism for defendants to understand why a particular decision was made and to challenge it if necessary. Subsection (9) pertains to orders for the release or detention of an accused person before trial. When deciding whether to release or detain an accused, the justice must consider a number of factors such as the likelihood of the accused appearing in court, the safety of the public, and the risk of the accused committing further offences. By requiring a statement of reasons for the order, subsection (10) ensures that the decision-making process is clear and justifiable. It also enables higher courts to review the decision if necessary. In addition, this section makes reference to subsection 515(9), which sets out the rules for reviewing detention orders made under section 524. This means that the same principles of review apply to orders for both release and detention. Overall, section 524(10) plays an important role in promoting transparency and accountability in the criminal justice system and ensuring that decisions regarding the release or detention of accused persons are made in a fair and just manner.
COMMENTARY
Section 524(10) of the Criminal Code of Canada requires that a justice who makes an order under subsection (9) must include a statement of reasons for making that order. The purpose of this requirement is to ensure that the justice's decision-making process is transparent and accountable. The justice's statement of reasons must be detailed and specific. It should explain the key facts and legal principles that led the justice to make the order, including any evidence that was presented during the hearing. The statement should also address any relevant factors, such as the accused's criminal history, ties to the community, and likelihood of appearing in court. The purpose of requiring a statement of reasons is to promote transparency and accountability within the Canadian criminal justice system. It allows the accused, their lawyer, and the public to understand why a particular decision was made and how it was reached. This helps to ensure that justice is not only done, but that it is seen to be done. Furthermore, requiring a statement of reasons also encourages reasoned decision-making by the justice. It ensures that the justice must consider all the relevant facts and legal principles before making a decision, and that they must justify their decision in writing. This helps to prevent arbitrary or capricious decisions, which can erode public confidence in the justice system. Subsection 515(9) is referenced in section 524(10) and applies to the statement of reasons requirement with necessary modifications. Section 515(9) requires a justice to provide reasons for any detention or release decision. This requirement emphasizes the importance of transparency and accountability in the decision-making process. In summary, section 524(10) of the Criminal Code of Canada is a critical safeguard against arbitrary or capricious decision-making within the Canadian criminal justice system. It ensures that justice decisions are transparent and accountable, which is essential to maintaining public confidence in the justice system. The requirement for a statement of reasons within the justice's ruling is important for promoting reasoned decision-making and preventing abuse of power. Ultimately, this provision helps to ensure that justice is, in fact, done, and that the public can trust in the integrity of the Canadian criminal justice system.
STRATEGY
Section 524(10) of the Criminal Code of Canada is critical in the process of making an order for the detention of an accused person in custody. This section specifies that the justice making the order must include a statement of reasons in the record. In this regard, it is important to consider several strategic considerations when dealing with this section. One of the strategic considerations when dealing with this section is to understand the legal framework within which it operates. The Criminal Code sets out the rules and procedures that govern the process of making an order for the detention of an accused person. Therefore, it is important to have a good understanding of the relevant provisions of the Criminal Code, as well as the case law and legal principles that guide the interpretation and application of these provisions. Another important strategic consideration is to ensure that the statement of reasons for making the order is comprehensive and clear. The statement of reasons should explain why the detention of the accused is necessary, why the accused should not be released on bail, and why the public interest requires the accused to be detained. A clear and comprehensive statement of reasons will help to ensure that the decision to detain the accused is legally sound and defensible. A third strategic consideration is to consider the interests and rights of the accused. While the public interest in ensuring that the accused is detained may be strong, the accused also has rights that must be taken into account. These include the right to be presumed innocent until proven guilty, the right to a fair trial, and the right to be free from arbitrary detention. Therefore, it is important to balance the public interest in the detainment of the accused against the rights of the accused. Strategies that could be employed to deal with this section of the Criminal Code include preparing a strong argument for the detention of the accused, gathering and presenting relevant evidence, and engaging with the Crown prosecutor and the court to ensure that the statement of reasons is comprehensive and clear. In addition, it may be useful to seek the advice of legal counsel who can provide guidance and support throughout the process. In conclusion, section 524(10) of the Criminal Code of Canada is a critical provision that sets out the requirements for making an order for the detention of an accused person. Strategic considerations when dealing with this section include understanding the legal framework, preparing a strong argument, and balancing the interests and rights of the accused. By employing these strategies, it is possible to ensure that the statement of reasons for making the order is comprehensive, clear, and legally sound.