section 591(4.1)

INTRODUCTION AND BRIEF DESCRIPTION

The court may make an order with a delayed or conditional effect if it is in the interests of justice to do so and ensures consistent decisions.

SECTION WORDING

591(4.1) The court may make an order under subsection (3) that takes effect either at a specified later date or on the occurrence of a specified event if, taking into account, among other considerations, the need to ensure consistent decisions, it is satisfied that it is in the interests of justice to do so.

EXPLANATION

Section 591(4.1) of the Criminal Code of Canada empowers a court to make an order under subsection (3) that takes effect either at a specified later date or on the occurrence of a specific event if, taking into account, among other things, the need to ensure consistent decisions, it is satisfied that it is in the interests of justice to do so. This provision essentially allows a court to delay or condition a previously ordered sentence in the interest of justice. The provision was added to the Criminal Code of Canada to provide flexibility to the courts in the sentencing process so that the court can make a decision that considers all the relevant circumstances for the offender. This includes the nature of the offense, the offender's criminal history, the offender's personal circumstances, and the interests of the victim and the community. By allowing a court to specify the timing or occurrence of an order, the provision avoids rigidities and ensures that the outcome matches the individual circumstances of the offender. Additionally, the provision promotes consistency in sentencing decisions. By authorizing the court to consider previous orders and judgments in similar cases, it promotes consistency in the administration of justice while still providing a degree of flexibility to the individual offender's sentence. This helps to ensure that sentencing decisions are fair and consistent, while still allowing for the individualization of each case. In conclusion, section 591(4.1) of the Criminal Code of Canada provides the court with the ability to make an order under subsection (3) that is tailored to the specific circumstances of the offender, while at the same time ensuring consistency in sentencing decisions. It is an important provision that promotes justice and fairness in the criminal justice system.

COMMENTARY

Section 591(4.1) of the Criminal Code of Canada is an important provision that allows courts to make orders that take effect at a specified later date or on the occurrence of a specified event if it is in the interests of justice to do so. This provision was added to the Code in 2019 as part of the federal government's efforts to improve Canada's criminal justice system. One of the key features of this provision is that it allows for more flexibility in sentencing and other court orders. Previously, once a court had made a decision, that decision was final and had to be implemented immediately. This could be problematic in cases where there were practical or administrative barriers to carrying out the order right away. For example, if a court ordered a defendant to pay restitution to a victim, but the defendant did not have the funds to do so at the time of the order, there was no way to delay the order until the defendant was able to pay. The new provision allows courts to take these kinds of practical and administrative considerations into account when making orders. This can help ensure that orders are both fair and effective. For example, if a defendant is ordered to complete a treatment program as part of a sentence, but the program is not available for several months, the court can delay the order until the program becomes available. Another important feature of this provision is that it emphasizes the need for consistent decision-making. This means that courts must take into account previous decisions in similar cases when making orders. This can help ensure that similar cases are treated similarly, which is an important principle of justice. At the same time, however, the provision also recognizes that each case is unique and that courts need to be able to make orders that take into account all of the relevant circumstances. This means that the provision is not overly prescriptive and allows for discretion on the part of judges. Overall, Section 591(4.1) of the Criminal Code of Canada is an important provision that helps ensure that court orders are fair, effective, and consistent. By allowing for more flexibility in sentencing and other court orders, this provision can help improve the criminal justice system and ensure that justice is served for all Canadians.

STRATEGY

Section 591(4.1) of the Criminal Code of Canada allows for the court to make an order that takes effect either at a later date or on the occurrence of a specified event if it is in the interests of justice to do so. There are several strategic considerations when dealing with this section of the law, including the need for consistency in decision-making, the impact on victims and the accused, and the potential for appeal. One important strategic consideration when using this section of the Criminal Code is the need to ensure consistent decisions. This means that the court should take into account previous decisions that have been made in similar cases when deciding whether to grant an order under subsection (4.1). By doing so, the court can ensure that similar cases are treated in a similar manner, which can help to maintain the integrity of the justice system. Another strategic consideration is the impact on both the victim and the accused. For example, if an order is made that takes effect at a later date, the accused may need to be released on bail or other conditions before the order takes effect. This can have implications for the victim, who may be concerned about their safety during this time. Therefore, the court needs to carefully weigh these considerations before making an order under subsection (4.1). Finally, another strategic consideration is the potential for appeal. If an order is made under subsection (4.1), it may be appealed by either the accused or the Crown. Therefore, the court should carefully consider the reasons for making the order and ensure that they are well-supported by the evidence. To navigate these strategic considerations, a number of strategies could be employed. For example, a lawyer representing either the victim or the accused could gather evidence to support their position on whether an order should be made. This could include previous cases that have been decided in a similar way, expert testimony, or other evidence that supports their position. Another strategy could be to negotiate with the other party to come to a mutually agreeable solution. This could involve reaching an agreement on the terms of the order or finding alternative ways to ensure the victim's safety and the accused's compliance with the law. Ultimately, the decision to make an order under subsection (4.1) of the Criminal Code will depend on the specific circumstances of the case and the strategic considerations involved. Therefore, it is important for lawyers and parties to carefully consider their options and approach this section of the law with a clear understanding of the potential implications.