INTRODUCTION AND BRIEF DESCRIPTION
This section allows a person to appeal an order made under section 743.6 to the court of appeal.
SECTION WORDING
675(2.1) A person against whom an order under section 743.6 has been made may appeal to the court of appeal against the order.
EXPLANATION
Section 743.6 of the Criminal Code of Canada allows for certain offenders to be subject to long-term supervision orders (LTSOs) following their release from prison. These orders are intended to protect the public by imposing strict conditions on the offender's behaviour, and can last for up to ten years after their sentence is completed. However, Section 675(2.1) provides a mechanism for offenders to challenge such orders. If an LTSO has been imposed on an offender, they may appeal the order to the court of appeal. This means that they can argue that the order is unjust, unnecessary, or overly restrictive, and seek to have it modified or removed. To successfully appeal an LTSO order under Section 675(2.1), the offender must demonstrate that the order is unreasonable or unsupported by the facts of their case. This may require legal representation and the submission of evidence in court. If the appeal is successful, the LTSO may be modified or removed entirely, depending on the findings of the court. Overall, Section 675(2.1) represents an important safeguard for offenders who may have been subject to overly harsh restrictions under an LTSO. By allowing them to appeal the order to a higher court, they have the opportunity to receive a fair and just outcome that takes into account their individual circumstances and the best interests of public safety.
COMMENTARY
Section 675(2.1) of the Criminal Code of Canada is an appeals provision that allows individuals who have been subject to an order under section 743.6 to challenge the decision. Section 743.6 provides that a judge may require an offender to serve their sentence in the community instead of in a prison cell, subject to certain conditions. This section is an important safeguard that protects the fundamental rights of individuals who have been accused and convicted of criminal offences. An order under section 743.6 is made by a judge and is only available in certain circumstances. Specifically, the judge must be satisfied that the offender does not pose a danger to the public and that serving the sentence in the community is in the best interests of the offender and society. The judge may impose a variety of conditions on the offender, such as curfews, prohibitions on contact with certain individuals, or requirements to attend counselling or treatment programs. These conditions are designed to ensure that the offender continues to comply with the terms of their sentence and does not pose a risk to public safety. If an order under section 743.6 is made against an individual, they may have a right to appeal the decision to a higher court. This is an important safeguard that ensures that individuals are not unfairly deprived of their liberty or subjected to conditions that are unreasonable or unjust. The appeal process provides an opportunity for an independent and impartial review of the decision, which can help to ensure that the interests of justice are served. The right to appeal is a fundamental aspect of our justice system. It ensures that decisions made by judges are subject to scrutiny and that individuals have an opportunity to challenge decisions that are unfair, erroneous, or contrary to the law. Without the right to appeal, individuals would be at the mercy of the judicial system, with no recourse if they were subject to an unjust or unreasonable decision. In conclusion, section 675(2.1) of the Criminal Code of Canada is an important provision that provides for the right of appeal for individuals subject to an order under section 743.6. This provision serves as a safeguard against unjust or unreasonable decisions and helps to ensure that the interests of justice are served. The right of appeal is a fundamental aspect of our justice system and should be upheld and protected in all cases.
STRATEGY
Section 743.6 of the Criminal Code of Canada allows a judge to make an order imposing certain restrictions on a person's liberty after they have been convicted of an offence. These orders are known as probation orders or conditional sentences, and they may include conditions like mandatory counseling, regular reporting to a parole officer, or restrictions on travel or association. When dealing with an order under section 743.6, there are several strategic considerations that should be taken into account. One of the most important is whether or not to appeal the order. If a person chooses to appeal, there are several strategies that could be employed to improve their chances of success. These might include: 1. Reviewing the order carefully: The first step in any appeal is to review the order carefully to understand exactly what it entails. This may involve reviewing the probation order or speaking with a lawyer to gain a better understanding of what the conditions are and how they will impact the person's life. 2. Gathering evidence: In some cases, it may be necessary to gather additional evidence to support an appeal. This could include medical reports, character references, or other documentation that helps to demonstrate why the conditions of the probation order are unreasonable or unfair. 3. Identifying errors or omissions: Another key strategy in appealing an order is to identify any errors or omissions made by the judge in imposing the conditions. This may include failing to consider relevant factors or applying the wrong legal test. 4. Arguing that the order is too harsh or restrictive: One common strategy in appealing a probation order is to argue that it is too harsh or restrictive given the circumstances of the case. This might involve presenting evidence of extenuating circumstances or demonstrating that the conditions are disproportionate to the offence committed. 5. Negotiating with the Crown: Finally, it may be possible to negotiate with the Crown to modify or remove some of the conditions of the probation order. This could involve providing additional evidence or demonstrating a commitment to rehabilitation and compliance with the conditions of the order. Overall, the strategic considerations involved in dealing with an order under section 743.6 of the Criminal Code of Canada will depend on the specific circumstances of the case. However, by carefully reviewing the order, gathering evidence, identifying errors or omissions, arguing that the order is too harsh or restrictive, and negotiating with the Crown, it may be possible to achieve a more favorable outcome for the person subject to the order.