INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the judges responsibilities upon receiving an application for a change of venue in a criminal trial.
SECTION WORDING
525(2) On receiving an application under subsection (1), the judge shall (a) fix a date for the hearing described in subsection (1) to be held in the jurisdiction (i) where the accused is in custody, or (ii) where the trial is to take place; and (b) direct that notice of the hearing be given to such persons, including the prosecutor and the accused, and in such manner as the judge may specify.
EXPLANATION
Section 525(2) of the Criminal Code of Canada outlines the procedures for an accused individual to apply for a bail hearing. It requires an accused person to file an application in a court of competent jurisdiction, seeking a hearing to determine whether they should be released on bail pending their trial. The judge, upon the receipt of an application under subsection (1), shall fix a date for the hearing to be held in the jurisdiction where the accused is in custody or where the trial is to take place. The judge will also direct that notice of the hearing be given to all relevant parties in such a manner as the judge deems fit. The purpose of section 525(2) is to ensure that accused individuals have access to a timely bail hearing as a fundamental protection of their liberty. It provides the framework for the necessary steps to be taken when an accused applies for a bail hearing, outlining the responsibilities of the judge with regards to setting a hearing date and ensuring that all relevant parties are notified. The section recognizes the importance of balancing the rights and interests of the accused with those of the wider community. While an accused individual has the right to liberty pending trial, the public has a legitimate interest in ensuring that individuals accused of serious crimes do not pose a risk to public safety and do not interfere with the administration of justice. Overall, section 525(2) is an essential component of Canada's Criminal Code, providing for the fair and just administration of justice while ensuring that individual rights are respected.
COMMENTARY
Section 525(2) of the Criminal Code of Canada outlines the procedure for a judge to fix a date for a hearing related to an accused person's application for release from custody pending trial. The section requires the judge to consider the jurisdiction where the accused is in custody or where the trial is to take place, and to provide notice to relevant parties. The purpose of this section is to ensure that individuals who have been accused of a crime and are being held in custody are afforded the opportunity to seek release pending trial. Being held in custody prior to trial can have significant consequences for an individual, including loss of employment, damage to personal relationships, and difficulty preparing for trial. Allowing for release pending trial therefore serves an important function in preserving an individual's rights and enabling them to prepare for the legal process. The section emphasizes the importance of providing notice to relevant parties, including the prosecutor and the accused. This notice requirement ensures that all parties are informed of the hearing and have the opportunity to participate. This is important to ensure that the hearing is conducted fairly and in accordance with the principles of natural justice. The requirement that the judge fix a date for the hearing in a specific jurisdiction is also important. This ensures that the hearing can be held in a timely manner and in a location that is convenient for all parties. Holding the hearing in the jurisdiction where the accused is in custody may be necessary in cases where immediate release is sought, while holding the hearing in the jurisdiction where the trial is to take place may be more appropriate in cases where the trial is imminent. Overall, section 525(2) of the Criminal Code of Canada is an important provision that serves to protect the rights of accused individuals and ensure the fair administration of justice. By providing an avenue for release from custody pending trial and ensuring that relevant parties are notified and the hearing is held in a convenient location, this section helps to ensure that the legal process operates fairly and efficiently. As such, it is a key component of Canada's criminal justice system.
STRATEGY
Section 525(2) of the Criminal Code of Canada establishes that a detaining accused who is unable to secure a timely trial date can apply for a bail review hearing. The judge must then fix a date for the hearing to be held and ensure proper notice to all relevant parties. In this context, several strategic considerations may arise for the accused, their lawyer, and the prosecutor, including timing, location, evidence, and advocacy. One strategic consideration is the timing of the bail review hearing. The accused may want to apply for the hearing as soon as possible to expedite their release and avoid prolonged pre-trial detention. However, the accused may also want to wait until they have gathered enough evidence to support their case. For instance, the accused may have new evidence that was not available at the previous bail hearing, such as a change in circumstances or a legal argument that could be used to persuade the judge to grant bail. Another strategic consideration is the location of the hearing. The accused may want to apply for the hearing to be held in a jurisdiction where they are more likely to obtain bail. For example, if the accused has strong ties to a community or family in a particular region, they may want to apply for the hearing to be held there. Alternatively, if the accused is charged with a serious crime, the prosecutor may want the hearing to be held in a jurisdiction that is less likely to grant bail. The evidence presented at the bail review hearing can also be a strategic consideration. The accused's lawyer may want to present new evidence, such as affidavits or expert reports, to bolster their case for bail. However, the prosecutor may want to challenge the admissibility or credibility of the evidence and may present their own evidence to oppose bail. The accused's lawyer must also consider the potential cost of presenting new evidence and whether it is worth the risk of further delays or complications. Advocacy is another strategic consideration that can influence the outcome of the bail review hearing. The accused's lawyer may want to take a more aggressive or assertive stance in advocating for their client's release, while the prosecutor may want to take a more conservative or cautious stance to maintain public safety and prevent the risk of flight. The accused's lawyer must also be prepared to address any objections or concerns that the judge may have about granting bail and present a compelling case that demonstrates why their client should be released. Some strategies that could be employed when dealing with Section 525(2) of the Criminal Code of Canada include collaborating with the prosecutor to reach a mutually agreeable resolution, presenting new evidence that supports the accused's case for release, providing assurances or conditions that address the judge's concerns about public safety or flight risk, and advocating effectively for the accused's rights and interests. Ultimately, the strategic considerations and strategies employed will depend on the specific circumstances of each case and the preferences and goals of the accused, their lawyer, and the prosecutor.