section 550(3)

INTRODUCTION AND BRIEF DESCRIPTION

A justice may require a witness to provide a surety or deposit money to ensure their appearance and testimony.

SECTION WORDING

550(3) A justice may, for any reason satisfactory to him, require any witness entering into a recognizance pursuant to this section (a) to produce one or more sureties in such amount as he may direct; or (b) to deposit with him a sum of money sufficient in his opinion to ensure that the witness will appear and give evidence.

EXPLANATION

Section 550(3) of the Criminal Code of Canada provides a mechanism for ensuring the appearance and testimony of witnesses in criminal cases. When a witness is summoned to testify in court, they may be required to enter into a recognizance, which is a legal agreement that they will appear when required and provide truthful testimony. However, in some cases, a justice may have concerns about the reliability of a particular witness. In such cases, the justice may require the witness to produce one or more sureties, who are individuals who agree to assume responsibility for ensuring that the witness appears in court and fulfills their obligations under the recognizance. The amount of money required for the surety or sureties may be determined by the justice, depending on the circumstances of the case. Alternatively, if the justice believes that the witness may be at risk of failing to appear, they may require the witness to deposit a sum of money that is considered sufficient to ensure their appearance. This money is held by the justice until the witness fulfills their obligations under the recognizance, at which point it is returned to the witness. In either case, the purpose of these requirements is to provide some assurance that witnesses will appear in court when required and provide testimony that is crucial to the administration of justice. By requiring witnesses to provide sureties or deposits, the justice can reduce the risk of witnesses failing to appear, which can result in delays or disruptions to the trial process.

COMMENTARY

Section 550(3) of the Criminal Code of Canada allows a justice to impose requirements on witnesses who are entering into a recognizance. The recognizance is a legal agreement that is made between the witness and the court. It requires the witness to provide some form of security, such as a financial deposit, to ensure that they will appear in court and give evidence in a criminal proceeding. The section provides two options for the justice to consider when imposing requirements on the witness. The first option is to require the witness to produce one or more sureties. A surety is a person who agrees to be responsible for the witness and guarantees their appearance in court. The surety typically provides a financial guarantee or pledges some form of collateral to ensure that the witness fulfills their obligations under the recognizance. The amount of the surety is left to the discretion of the justice. The second option is to require the witness to deposit a sum of money with the court. The amount of the money required is left to the discretion of the justice and must be sufficient to ensure that the witness will appear and give evidence in court. The purpose of section 550(3) is to ensure that witnesses who are required to appear in court do so, and that they fulfill their obligations under the recognizance. This is important to ensure that the administration of justice is not impeded, and that criminal proceedings can proceed effectively. The use of sureties and financial deposits is not unique to Canada. Many other countries have similar provisions in their legal systems. For example, in the United States, witnesses may be required to post bail or provide a financial bond to ensure their appearance in court. In England and Wales, witnesses may be required to provide a recognizance with sureties or a financial deposit. The requirements imposed by section 550(3) are not meant to be punitive in nature. Instead, they are a tool that can be used to ensure that witnesses fulfill their obligations under the recognizance. The justice must be satisfied that any requirements imposed are necessary and reasonable. In practice, section 550(3) is not used very frequently. This is because most witnesses are willing to appear in court and give evidence without the need for any additional security or requirements. However, in cases where a witness is deemed to be a flight risk or may be intimidated, the use of sureties or financial deposits may be necessary to ensure that justice is served. In conclusion, section 550(3) of the Criminal Code of Canada provides a mechanism for justices to ensure that witnesses fulfill their obligations under a recognizance. The use of sureties or financial deposits is not meant to be punitive but is instead a tool to ensure that the administration of justice is not impeded. While not used frequently, the provisions of this section are an important part of the legal system in Canada, and help to ensure that justice is served.

STRATEGY

Section 550(3) of the Criminal Code of Canada provides courts with two options when dealing with reluctant or untrustworthy witnesses who are required to attend a court appearance. The first is to require that the witness produce one or more sureties in an amount specified by the justice, while the second option is designating a specific amount of money to be deposited by the witness himself/herself with the court. Both strategies aim to ensure that the witness will attend court and provide testimony, in turn providing the justice system the opportunity to properly administer justice. One strategic consideration for the court dealing with this section of the Criminal Code is balancing the need for the witness's attendance versus the potential impact of imposing sureties or deposit amounts could have on the witness and third parties involved. The decision to impose the requirements of this section must be made on a case-by-case basis, tailored to the needs of the criminal proceedings, and the individual circumstances of the witness. Another important consideration is weighing up the financial burden of imposing such requirements on the witness, as it can potentially have negative consequences, especially for lower-income individuals. The court must balance the need for attendance with its impact on the witness, their finances, and the judicial system in general. Assessing risks such as the possibility of a witness deliberately failing to appear, the significance of their testimony, and their reputation and credibility, must also be considered when making decisions. Strategic approaches that could be employed may involve involving defense counsel and making relevant submissions. Counsel may make submissions relating to the potential adverse effect of the sureties or deposit requirement on the witness, providing the court with a better understanding of the witness's financial situation and whether they are likely to comply with the conditions imposed. Counsel may also propose alternative forms of assurance of the witnesses' presence, including obtaining assurances from the witness's employer or medical practitioner. Another strategy may include providing sureties or deposits that are commensurate with the severity of the crime committed. This will ensure that the requirement imposed is in line with what is necessary to ensure the witness's presence in court, alongside providing them with the opportunity to avoid onerous financial commitments. Courts may also consider imposing conditions on the sureties or deposits to alleviate the burden on the witness. For instance, the court could order that the deposit is a reduced amount, and confirm that once the witness appears and testifies, the money is reimbursed to avoid economic hardship for the witness. In conclusion, in utilizing section 550(3) of the Criminal Code of Canada, there are strategic considerations that the court must assess. Such matters must be tailored to address the individual circumstances of the witness, and the proceedings at hand to ensure that the end goal of administering justice is achieved. Defense counsel can play a crucial role in making relevant submissions to provide a further understanding of the witness's financial, personal, and legal background, helping to determine a balance between the need for attendance and the imposition of sureties or deposit amounts. Overall, strategic considerations have to be assessed in balancing the need for imposing the requirement against the interests of the witness, and the public good.