section 710(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines where an application for bail shall be made depending on the court proceedings and location.

SECTION WORDING

710(1) An application under paragraph 709(1)(a) shall be made (a) to a judge of a superior court of the province in which the proceedings are taken; (b) to a judge of a county or district court in the territorial division in which the proceedings are taken; or (c) to a provincial court judge, where (i) at the time the application is made, the accused is before a provincial court judge presiding over a preliminary inquiry under Part XVIII, or (ii) the accused or defendant is to be tried by a provincial court judge acting under Part XIX or XXVII.

EXPLANATION

Section 710(1) of the Criminal Code of Canada outlines the process for making an application under paragraph 709(1)(a). This application is typically made by an accused person who has been charged with a criminal offense and wishes to be released from custody pending trial. The application seeks the court's permission to be released, subject to certain conditions that will ensure the accused person's attendance at court and the protection of the public. The section provides that an application can be made to a judge of a superior court or a county or district court in the territorial division in which the criminal proceedings are taking place. Alternatively, an application can be made to a provincial court judge under certain circumstances, namely, where the accused is before a provincial court judge presiding over a preliminary inquiry or where the accused is to be tried by a provincial court judge under Part XIX or XXVII of the Criminal Code. The purpose of this section is to ensure that an accused person has access to judicial review and can make an application for release from custody. The section sets out the different court levels that an application can be made to, depending on the location and circumstances of the proceedings. This ensures that the application is made to an appropriate court and heard by a qualified judge who is authorized to make decisions regarding the release of an accused person from custody. In summary, section 710(1) is an important provision in the Criminal Code of Canada that outlines the process for making an application for release from custody pending trial. It ensures that accused persons have access to judicial review and makes it clear which courts are authorized to make decisions on such applications.

COMMENTARY

Section 710(1) of the Criminal Code of Canada provides guidance regarding the application of a defendant or accused for release pending trial. This section outlines the various courts to which an application for release can be made, based on the territorial jurisdiction in which the criminal proceedings are being conducted. This provision is essential in ensuring that the accused is granted a fair process of the law and that the rights of the accused are preserved until proven guilty. Paragraph 709(1)(a) refers to the release of the accused who is in custody, either at the police station or in a correctional centre, and the circumstances of the case do not justify continued confinement. The discretion to grant such an application lies with the presiding judge, who is expected to take into account several factors, including the nature of the offences, the strength of the evidence, the accused's criminal history, and the potential risk of the accused reoffending. Under section 710(1)(a), a person may make an application for release to a superior court of the province where the proceedings are being held. This provision reflects a hierarchical structure of Canada's justice system, ensuring that the case is heard before a judge with the relevant jurisdiction and legal competence to deal with the case. The Superior Court of the province has jurisdiction over more severe cases, and as such, it is essential that it is the appropriate court to hear the case. Section 710(1)(b) enables a person to make an application for release to a county or district court where the proceedings are taking place. County and district courts have lower jurisdiction-level than the Superior Court and typically hear less severe cases. This provision ensures that applications for release are heard by a judge with appropriate jurisdiction over the case, while also ensuring that the case's complexity is proportionate to the court's capacity. Additionally, section 710(1)(c) outlines that an application for release can be made to a provincial court judge presiding over a preliminary inquiry under Part XVIII, or if the accused or defendant is to be tried by a provincial court judge under Part XIX or XXVII. This provision reflects the relevance of the territorial application of the law, and it is crucial to ensure that the legal process is adhered to and that the accused is granted their rights. In summary, section 710(1) of the Criminal Code of Canada is significant in outlining the different courts to which an application for release may be made, depending on the territorial jurisdiction of the criminal proceedings. This provision is a fundamental aspect of Canada's criminal justice system, and it ensures that the rights of the accused are preserved until proven guilty, irrespective of the court's jurisdiction. A thorough, impartial, and competent judge is essential in guaranteeing that the legal process is transparent, fair, and objective. This provision is a critical aspect of the Canadian justice system, ensuring that due process of the law is followed and that justice is served.

STRATEGY

Section 710(1) of the Criminal Code of Canada lays out the specific procedures for making an application for release pending appeal. This section outlines the court in which a release application should be filed, namely, a superior court judge, county or district judge, or a provincial court judge in certain circumstances. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that should be taken into account by the defense counsel. First, the timing of the application is critical. It is important to file the application as soon as possible after the conviction and sentence have been handed down. This will ensure that the application can be heard and possibly granted before the accused has served a significant portion of their sentence. Another consideration is which court to make the application to. The defense counsel should assess the specific circumstances of the case and decide the most appropriate court in which to file. For example, if the accused is being tried in a provincial court, it may be more advantageous to file the application in front of the same provincial court judge who presided over the preliminary inquiry. The strength of the grounds for appeal is also crucial when considering whether to make an application for release pending appeal. If the grounds for appeal are weak, it may not be an effective use of time and resources to make such an application. On the other hand, if the grounds for appeal are strong, a grant of release pending appeal may help bolster the defense's case and limit the potential harm to the accused caused by serving a sentence while waiting for the appeal to be heard. When making the application itself, defense counsel should carefully prepare the materials and arguments to be presented to the court. They should emphasize the strength of the grounds for appeal, highlight any issues with the original trial, and address any concerns the judge might have with granting the release. They may also present evidence of the accused's ties to the community, previous good character, and likelihood of appearing for the appeal. Other strategic considerations may include seeking the support of family or community members in attending the release hearing, as well as working with a bail bondsman or other intermediary who can help with the logistics of securing bail. Ultimately, the goal of an application for release pending appeal should be to secure the best possible outcome for the accused while also ensuring the integrity of the judicial process.