INTRODUCTION AND BRIEF DESCRIPTION
Where an accused is before a justice charged with an offense that falls under the jurisdiction of a provincial court judge, the accused must be remanded to appear before a provincial court judge.
SECTION WORDING
536(1) Where an accused is before a justice other than a provincial court judge charged with an offence over which a provincial court judge has absolute jurisdiction under section 553, the justice shall remand the accused to appear before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed.
EXPLANATION
Section 536(1) of the Criminal Code of Canada is an important legal provision that deals with the jurisdiction of provincial court judges. This section establishes that in cases where an accused is brought before a justice who does not have jurisdiction over the offence being charged, the justice shall remand the accused to appear before a provincial court judge who has absolute jurisdiction in the territorial division where the offence is alleged to have been committed. This provision is important because it helps to ensure that legal proceedings are conducted in accordance with the appropriate jurisdiction. This helps to avoid confusion or complications in cases where a justice may not have the authority to make decisions or rulings in certain situations. Furthermore, this section of the Criminal Code of Canada emphasizes the importance of jurisdiction in the Canadian legal system. Jurisdiction is a crucial concept in law, as it determines which courts or legal authorities have the power to hear and make decisions on legal matters. Overall, Section 536(1) of the Criminal Code of Canada serves as an important legal safeguard to ensure that proceedings are conducted in accordance with the appropriate jurisdiction, and is essential to maintaining the integrity of the Canadian legal system.
COMMENTARY
Section 536(1) of the Criminal Code of Canada is an important provision that deals with the remand of accused persons to a provincial court judge. It is a mandatory requirement for any justice other than a provincial court judge who has before them an individual accused of an offense that falls under the jurisdiction of a provincial court judge with absolute jurisdiction under section 553, to remand the accused to appear before a provincial court judge having jurisdiction in the territorial division in which the offense is alleged to have been committed. This provision ensures that the justice system operates efficiently and effectively. By requiring that the accused be remanded to appear before a provincial court judge with the appropriate jurisdiction, the provisions seek to ensure that justice is done swiftly and that the accused is dealt with by the appropriate authority. It also ensures that the system is not clogged up by cases that may not be within the jurisdiction of the justice currently handling the case. The provision helps to ensure that the proceedings against an accused person are conducted in an appropriate court. This is important because provincial court judges have absolute jurisdiction over a wide range of summary conviction offenses. Offences that fall within the absolute jurisdiction of a provincial court judge include primarily minor offenses, such as driving under the influence of alcohol or drugs (DUI), minor theft, and a variety of other lower-tier offenses. The remand provision is an essential component of the justice system because it ensures that the proceedings against the accused are conducted in accordance with legal standards, and that a fair trial is administered. This is because, by the virtue of being remanded, the accused may be able to access the legal representation and support that they need. It is crucial that the accused be provided with an opportunity to present their case, and that the proceedings take place in an impartial, transparent, and accessible manner. The remand provision also safeguards the rights of the accused, because it ensures that they are not subjected to double jeopardy. A person cannot be tried twice for the same offence, so it is important that the accused be tried only once. By remanding the accused to a provincial court judge with jurisdiction in the territorial division in which the offense is alleged to have been committed, the accused is dealt with by the appropriate authority, and there is no risk of them being tried more than once. In conclusion, section 536(1) of the Criminal Code of Canada is an essential provision that ensures that accused persons are dealt with by the appropriate authority. It safeguards the rights of the accused, ensures that justice is done swiftly, and that proceedings are conducted in an impartial, transparent, and accessible manner.
STRATEGY
Section 536(1) of the Criminal Code of Canada is a critical provision to consider when representing a client who is facing criminal charges. This section requires that an accused person who is before a justice other than a provincial court judge and has been charged with an offence over which a provincial court judge has absolute jurisdiction under section 553 of the Criminal Code, must be remanded to appear before the provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed. There are several strategic considerations to keep in mind when dealing with Section 536(1) of the Criminal Code of Canada, some of which are as follows: 1. Timing: The timing of when to make a request for a remand under Section 536(1) is critical. The defence counsel must ensure that their client is fully prepared for their appearance before the provincial court judge. Therefore, it is essential to make the request for remand at the correct time during the proceeding to allow adequate preparation time and avoid any delays in the court process. 2. Jurisdiction: The key factor to keep in mind is the territorial division in which the offence is alleged to have occurred. It is crucial to determine the right court's jurisdiction and ensure that the accused appears before the right provincial court judge. The defence counsel needs to have a clear understanding of the geographical area where the offence is alleged to have occurred. 3. Accountability: The accused person must be accountable for their actions. In the case of a remand, the provincial court judge will have more authority and resources available to them than a justice of the peace or a municipal court judge. Therefore, defence counsel must ensure that their client is fully prepared to appear before the provincial court judge and faces the consequences of the alleged offence. 4. Pre-trial steps: The pre-trial process in the provincial court is an essential step in the judicial process. The defence counsel must ensure that their client is prepared to undergo the pre-trial steps, such as the disclosure of evidence and taking a plea. 5. Negotiating with the Crown: The defence counsel may want to negotiate with the Crown prosecutor to avoid a remand under Section 536(1). In some cases, the Crown may be amenable to changing the charges to a less severe offence, enabling the accused to stay within the jurisdiction of the justice where they were initially charged instead of transferring the matter to the provincial court. Some strategies that could be employed when dealing with Section 536(1) of the Criminal Code of Canada include: 1. Preparing a strong case for the provincial court judge: Since the provincial court judge has more authority and power, defence counsel should be well-prepared and have a strong case to present to ensure their client's best interests are protected. 2. Obtaining pretrial release: If the accused is in custody, defence counsel may want to ensure that they apply for pretrial release before they are remanded to the provincial court. This strategy will ensure that the accused is not kept in custody for a prolonged period before their trial. 3. Appealing the remand: If the defence counsel believes the remand is unjustified or unnecessary, they can appeal to the superior court for a review. This strategy can be used as a last resort. 4. Negotiation: As mentioned earlier, the defence counsel may want to negotiate with the Crown prosecutor to avoid a remand under Section 536(1) of the Criminal Code. In conclusion, Section 536(1) of the Criminal Code of Canada is a critical provision that requires careful consideration in criminal proceedings. Defence counsel and accused persons must be well-prepared to appear before the provincial court, and various strategies can be employed to avoid, appeal or navigate through the remand process.