INTRODUCTION AND BRIEF DESCRIPTION
This section defines the term sentence and includes various types of legal declarations, orders and dispositions that fall within its definition.
SECTION WORDING
673 In this Part, "sentence" includes (a) a declaration made under subsection 199(3), (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5, (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9), and (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act.
EXPLANATION
Section 673 of the Criminal Code of Canada provides an inclusive definition of the term "sentence" in the context of the Code. The section states that a sentence includes a variety of judicial orders and dispositions that can be made under specific sections and subsections of the Code and the Controlled Drugs and Substances Act. The section lists a number of provisions, such as subsection 199(3) and sections 259, 261, and 462.37, that relate to convictions for serious crimes, such as murder and sexual offences. These provisions allow for a range of orders to be made, such as declarations of dangerous offender status, driving prohibitions, and weapons bans. Additionally, the section includes orders made under the Controlled Drugs and Substances Act, specifically subsection 16(1), which deals with the forfeiture of property in drug trafficking cases. The section also refers to dispositions made under sections 731 and 732, which relate to probation and conditional sentences, as well as subsections 732.2(3) and (5), which deal with the termination and extension of conditional sentences. Overall, Section 673 is an important provision in the Criminal Code as it provides a comprehensive definition of the term "sentence" and helps ensure consistency in the application of the Code's sentencing provisions. By recognizing a wide range of orders and dispositions as sentences, the section demonstrates the Code's commitment to ensuring that offenders are held accountable for their actions and that victims and the community are protected.
COMMENTARY
Section 673 of the Criminal Code of Canada provides a definition of the scope of the term "sentence" as used throughout various criminal proceedings. This definition encompasses a variety of legal instruments, including certain declarations, orders, and dispositions, as well as other actions taken pursuant to the Code or other relevant statutes. This section is an essential component of the Criminal Code's overall structure, as it helps to clarify the various forms of legal action that may result from a criminal conviction. One of the most significant aspects of Section 673 is its coverage of a declaration made under subsection 199(3) of the Criminal Code. This provision allows a court to declare an individual a dangerous offender, subject to specific sentencing provisions that are intended to protect the public from potential future harm. By including such a declaration within the definition of "sentence," the Criminal Code underscores the severe nature of such an outcome. Section 673 also includes an order made under subsection 109(1) or 110(1) of the Criminal Code. These provisions relate to the imposition of probation conditions or recognizance orders on an individual convicted of certain offenses. By incorporating such orders into the definition of "sentence," the Criminal Code emphasizes the importance of these conditions in ensuring the safety of the public and preventing recidivism. Another critical element of Section 673 is its coverage of various dispositions made under the Criminal Code or other relevant statutes. For example, this section includes dispositions made under sections 731 or 732, which relate to suspended sentences or probation orders, respectively. By grouping these dispositions together with other forms of sentencing, the Criminal Code highlights their importance in the overall criminal justice system. Finally, Section 673 includes an order made under subsection 16(1) of the Controlled Drugs and Substances Act. This provision relates to the forfeiture of property or assets that are believed to be associated with drug offenses. By including this provision within the definition of "sentence," the Criminal Code underscores the devastating effects that drug offenses can have on both individuals and society as a whole. Overall, Section 673 is an essential part of the Criminal Code of Canada, as it provides a clear and comprehensive definition of the various forms of legal action that may result from a criminal conviction. By grouping together such diverse instruments as declarations, orders, and dispositions, this section helps to ensure that the criminal justice system operates effectively and efficiently, while also promoting the safety and well-being of the Canadian public.
STRATEGY
Section 673 of the Criminal Code of Canada is a critical legal provision that must be carefully considered by all legal practitioners involved in criminal proceedings, particularly when trying to navigate various penalties and dispositions. Lawyers need to strategize carefully when dealing with this section as the implications of certain dispositions can have long-lasting consequences for their clients. In this article, we will look at some of the strategic considerations and strategies that lawyers can employ when dealing with Section 673 of the Criminal Code of Canada. One strategy that can be employed by lawyers when dealing with Section 673 of the Criminal Code of Canada is to be fully knowledgeable about all the various dispositions that are included in the definition of 'sentence.' Lawyers must understand the implications of each of these dispositions and their potential impact on their clients. For example, if their clients are being sentenced under Section 731 or 732, their lawyer must understand the nuances of probation, conditional sentence orders, and fines, amongst others. Depending on the specific situation and the client's particular needs, the lawyer can identify the most appropriate disposition for their client. Another strategic consideration for lawyers involved in criminal proceedings is to be aware of the evidence and present a compelling case to the court. When deciding on a sentence, judges consider numerous factors, including the severity of the crime, the offender's criminal history, community protection, and the offender's ability to reintegrate into society. The presentation of a compelling case to the court can make a significant difference when deciding on a case's sentence. For example, a lawyer can present evidence that their client has taken steps to address the underlying reasons for their criminal behavior, thus shedding light on the offender's remorse and willingness to change their ways. In addition, when dealing with Section 673 of the Criminal Code of Canada, lawyers need to be aware of their client's rights. As a lawyer, they must represent their client's interests and ensure that they receive a fair trial. Furthermore, lawyers must ensure that the sentencing imposed on their clients complies with fundamental principles of justice, like equality, reasonableness, and proportionality. A lawyer can bring attention to a violation of their client's rights, which might have an impact on the sentence imposed. Moreover, strategic considerations when dealing with Section 673 of the Criminal Code of Canada could also be a combination of the above-discussed strategies. Lawyers may present a strong case, while also considering the creative use of dispositions to seek the best outcomes for their clients. For instance, if the client has no prior criminal history, the lawyer may explore the possibility of a conditional discharge, which means that the offender is not convicted of the crime, and the case is eventually dismissed. The risks and benefits of this disposition would be fully explored to ensure that the client is adequately represented. In conclusion, Section 673 of the Criminal Code of Canada is a critical legal provision that lawyers must carefully consider when dealing with criminal proceedings. Lawyers must understand the various dispositions included under this section, ensuring that their client's rights are protected and a compelling case presented to the court. By employing these strategies, lawyers can ensure that their clients receive fair and just sentences in compliance with the fundamental principles of justice.