INTRODUCTION AND BRIEF DESCRIPTION
A person arrested under this section is entitled to receive a copy of the information on which the warrant for their arrest was issued upon request.
SECTION WORDING
704(3) A person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for his arrest was issued.
EXPLANATION
Section 704(3) of the Criminal Code of Canada is a provision that guarantees the right of a person who is arrested under this section to receive a copy of the information on which the warrant for their arrest was issued. This provision is a key aspect of the criminal justice system in Canada, as it ensures transparency and accountability in the process of arrest and detention. The provision applies in cases where a warrant has been issued for the arrest of an individual, such as in cases of suspected criminal activity. When an individual is arrested under this provision, they have the right to request a copy of the information that was used as the basis for the warrant. This could include details of the alleged criminal activity and evidence that has been gathered by the authorities. The purpose of this provision is to ensure that individuals who are arrested are aware of the basis for their arrest and can defend themselves effectively in court. It is important to note that the provision does not guarantee the release of all information related to the case, but only the information on which the warrant was issued. Overall, section 704(3) of the Criminal Code of Canada plays a vital role in safeguarding the rights of individuals who are arrested under this section. By ensuring that individuals have access to information that is used to justify their arrest, the provision promotes transparency and accountability in the criminal justice system, which is essential for upholding the rule of law.
COMMENTARY
Section 704(3) of the Criminal Code of Canada is a provision that is in place to protect the rights of individuals who are arrested under this section. The provision states that a person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for his or her arrest was issued. This provision is important because it ensures that individuals who are arrested have access to the information that was used to justify their arrest. It helps to promote transparency in the legal system and ensures that individuals are not being arrested unjustly. The provision also provides an opportunity for individuals to challenge the validity of the warrant if they believe that it was issued unlawfully. The information that is provided to individuals who are arrested under this section may include the allegations against them, the evidence that was used to obtain the warrant, and any other relevant information. This information is important for individuals to have because it allows them to better understand the situation, and it can be used to assist them in their defense. It's important to note that while this provision is in place to protect the rights of individuals, not all individuals who are arrested under this section will be entitled to receive a copy of the information. The provision specifically states that individuals must request the information, and that the information will only be provided on request. This means that individuals who are not aware of the provision, or who do not make a request for the information, may not receive it. Furthermore, there may be circumstances where it is not possible to provide the information to an individual who has been arrested under this section. For example, if the information is confidential or sensitive, it may not be possible to provide it to the individual. Additionally, if providing the information would compromise an ongoing investigation, it may not be provided at that time. In conclusion, Section 704(3) of the Criminal Code of Canada is an important provision that is in place to protect the rights of individuals who are arrested under this section. It ensures that individuals have access to the information that was used to justify their arrest, and provides an opportunity for individuals to challenge the validity of the warrant if they believe that it was issued unlawfully. While this provision may not apply to all individuals who are arrested under this section, it is an important safeguard that helps to promote transparency and fairness in the legal system.
STRATEGY
Section 704(3) of the Criminal Code of Canada provides individuals who have been arrested under this section with specific rights. One of these rights is the entitlement to receive a copy of the information upon which the warrant for their arrest was issued. The purpose of this provision is to ensure that individuals are not subject to arbitrary or unfounded arrests and that they have a clear understanding of why they have been arrested. However, there are several strategic considerations that both the individual and their counsel should take into account when dealing with this section of the Criminal Code. Firstly, requesting a copy of the information may have certain consequences on the progress of the case. For instance, the prosecutor may be required to disclose additional information, which can give the defense an advantage in preparing their case. Therefore, if their case relies heavily on the prosecution's lack of evidence or procedural errors, a defense lawyer may be more inclined to request a copy of the information. Conversely, if the client intends to plead guilty and accept a plea deal, requesting a copy of the information may not be essential, as it may not impact the outcome of the case significantly. Secondly, the timing of when to request a copy of the information is also a critical consideration. Counsel must ensure that they make a timely request for the information, as failure to do so may result in losing the opportunity to challenge the arrest warrant. For instance, if the accused has already been brought before the court for a bail hearing, they may have already missed the opportunity to request a copy of the warrant if they failed to do so at the time of their arrest. Therefore, counsel must act promptly to ensure that they have as much information as possible to protect their client's rights. Thirdly, counsel must be aware of the potential impact of receiving a copy of the information on their client's defense. The information disclosed may provide further insight into the prosecution's case, which can assist in preparing a defense strategy. However, it may also reveal gaps in the defense, which can lead to additional challenges in the trial. Therefore, the defense must be prepared to deal with any unforeseen challenges that may arise out of the information disclosed. Lastly, when dealing with section 704(3), it is important to remember that the right to receive a copy of the information does not always lead to disclosure of all required information. The crown may argue that certain information is privileged, and therefore, the defense may not have a right to receive that information. Counsel must be aware of the legal principles that protect privileged information and how they may impact their client's case strategy. In conclusion, when dealing with section 704(3) of the Criminal Code of Canada, strategic considerations play a significant role in enabling defense lawyers to protect their clients' rights. They must assess the potential impact of requesting a copy of the information, whether to request the information or not, and the timing of that request. Importantly, defense counsel must remain vigilant in ensuring that their client's rights are protected while being aware of any legal limitations that may impact the case. By adopting these strategic considerations, defense counsel can prepare a robust defense strategy that protects their client's rights and ensures the best possible outcome in the case.