Criminal Code of Canada - section 524(3) - Hearing

section 524(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the procedure for an accused who has been arrested with a warrant or without a warrant and taken before a justice.

SECTION WORDING

524(3) Where an accused who has been arrested with a warrant issued under subsection (1), or who has been arrested under subsection (2), is taken before a justice, the justice shall (a) where the accused was released from custody pursuant to an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court; or (b) in any other case, hear the prosecutor and his witnesses, if any, and the accused and his witnesses, if any.

EXPLANATION

Section 524(3) of the Criminal Code of Canada lays down the procedure that needs to be followed when an accused person is taken before a justice after being arrested with a warrant issued under subsection (1) or under subsection (2). The section provides for two scenarios in which the accused can be brought before the justice, and the procedures differ depending on the scenario. Under scenario (a), if the accused person was released from custody pursuant to an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, the justice must order that the accused be taken before a judge of that court. This means that the accused would be taken before the court that made the order for release, which is usually the superior court of criminal jurisdiction. This provision ensures that the accused is brought before the court that has the power to deal with the case and has already made a decision on the accused's release from custody. Under scenario (b), if the accused person was not released from custody pursuant to an order made under subsection 522(3), the justice must conduct a hearing where the prosecutor and the accused, along with their respective witnesses, can present their cases. This allows the justice to determine whether there is sufficient evidence to justify holding the accused in custody or whether release is appropriate. Overall, the purpose of this section is to ensure that the accused person is brought before the appropriate court and also to provide a fair process for determining whether the accused should be held in custody or released pending trial.

COMMENTARY

Section 524(3) of the Criminal Code of Canada grants significant discretion to Justices of the Peace when an accused appears before them after being arrested with a warrant or under subsection (2) of the same section. In summary, the provision requires the Justice to determine which court the accused should be brought before, based on the circumstances surrounding their arrest and previous court orders, among other criteria. The first scenario outlined in subsection (3) relates to instances where the accused was previously released from custody pursuant to an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province. In this case, the Justice who presides over the initial appearance of the accused must order that they be taken before a judge of that same court. This provision recognizes the importance of judicial continuity in ensuring fairness, consistency, and efficiency in the administration of justice. It also indicates that superior courts have greater authority and responsibility in handling more serious cases that pose a greater risk to public safety or require a higher degree of legal expertise. The second scenario referred to in subsection (3) pertains to all other cases, where the accused was not previously released on an order made under subsection 522(3) or where there is no such order. In these cases, the Justice has the discretionary power to hear from both parties, namely the prosecutor and their witnesses, and the accused and their witnesses, before making a determination as to which court - provincial or superior - the matter should be referred to. This approach is designed to allow the Justice to weigh all the relevant factors to determine the appropriate court level based on factors such as the nature and gravity of the offence, the complexity of the case, the available evidence, the accused's criminal record, or their ties to the community. Furthermore, Section 524(3) also dictates that if the Justice determines that the matter should be referred to the superior court, they must order that the accused be detained in custody pending their appearance before a judge of that court, unless the accused shows cause why their release is appropriate. This provision reflects the seriousness of offences that are tried at the superior court level and underscores the public interest in ensuring that accused persons who pose a risk to public safety or the integrity of the justice system are reasonably detained. In conclusion, Section 524(3) of the Criminal Code of Canada plays a crucial role in the early stages of criminal proceedings by directing Justices of the Peace to determine which court an accused should be brought before based on a careful analysis of various factors. This provision balances the need for judicial continuity, fairness, and efficiency while allowing for flexibility and discretion in the administration of justice.

STRATEGY

Section 524(3) of the Criminal Code of Canada outlines a procedure that must be followed when an accused is taken before a justice after being arrested with a warrant issued under subsection (1) or under subsection (2). The section provides two different courses of action based on whether the accused was released from custody pursuant to an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province or not. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that lawyers may take into account. One of the primary considerations is whether the accused was released from custody pursuant to an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province. If the accused was released from custody under the aforementioned order, then it may be strategic to opt for option (a) of section 524(3) of the Criminal Code of Canada. This option would result in the accused being taken before a judge of that court, which may be advantageous as the judge would be familiar with the matter and would have already considered the accused's release from custody. If the accused was not released from custody under subsection 522(3), then option (b) of section 524(3) of the Criminal Code of Canada would be the only available course of action. This option would require the prosecutor and their witnesses to be heard, along with the accused and their witnesses. In this case, it may be beneficial for the accused to confer with their lawyer in advance of the hearing to develop a proper defense strategy, prepare cross-examination questions, and gather any supporting evidence they may need to present. Another strategic consideration when dealing with section 524(3) of the Criminal Code of Canada is the timing of the hearing. If the accused is still in custody, it may be in their best interest to have the hearing expedited to secure their release. If the hearing cannot be immediate, it may be useful to request for a judicial interim release hearing to take place in order for the accused to have a chance at release before their trial. Lastly, when dealing with section 524(3) of the Criminal Code of Canada, it is important for the accused to feel comfortable during the hearing. They may choose to dress professionally, have trusted friends or family present for support, and ensure that they understand the proceedings of the hearing. In conclusion, section 524(3) of the Criminal Code of Canada outlines a procedure that must be followed when an accused is taken before a justice after being arrested. When dealing with this section, it is important to consider whether the accused was released from custody, the timing of the hearing, and the accused's comfort during the hearing. Strategies that could be employed include requesting for an expedited hearing, preparing a defense strategy, and ensuring the accused feels comfortable during the hearing.