section 742.6(14)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a court to consider a period of delay in the execution of a warrant as time served under a conditional sentence order in the interests of justice.

SECTION WORDING

742.6(14) Despite subsection (10), if there was unreasonable delay in the execution of a warrant, the court may, at any time, order that any period between the issuance and execution of the warrant that it considers appropriate in the interests of justice is deemed to be time served under the conditional sentence order unless the period has been so deemed under subsection (15).

EXPLANATION

Section 742.6(14) of the Criminal Code of Canada is a provision that allows a court to order that any period of time between the issuance and execution of a warrant be deemed as time served under a conditional sentence order, in cases where there has been an unreasonable delay in the execution of the warrant. This provision is important because it helps to ensure that individuals who may be subject to a conditional sentence order are not unfairly penalized for delays that are beyond their control. A conditional sentence order is a sentencing option that allows an offender to serve their sentence in the community, usually under strict conditions such as curfews, community service, or other forms of supervision. Conditional sentence orders are typically reserved for less serious crimes that do not require the offender to be incarcerated in a prison setting. However, if a warrant for the offender's arrest is issued and there is a delay in its execution, the offender may end up serving more time in the community than was intended under the conditional sentence order. This can occur if the delay is due to circumstances outside of the offender's control, such as administrative errors or delays in the justice system. The purpose of Section 742.6(14) is to provide a remedy for this situation. By allowing the court to deem the period of delay as time served, the offender's sentence is adjusted to reflect the actual amount of time spent under the conditional sentence order. This helps to ensure that the sentence imposed is fair and proportionate to the crime committed, which is an important principle in the Canadian justice system. In summary, Section 742.6(14) of the Criminal Code of Canada is an important provision that helps to ensure that individuals subject to a conditional sentence order are not unfairly penalized for delays that are outside of their control. By allowing the court to adjust the sentence to reflect the actual time spent under the order, this provision helps to ensure that the sentencing process is fair and just.

COMMENTARY

Section 742.6(14) of the Criminal Code of Canada provides for an exception to the standard rules surrounding conditional sentence orders when there has been an unreasonable delay in the execution of a warrant. Specifically, this provision allows for a court to deem any period of time between the issuance and execution of a warrant to be time served under the conditional sentence order, as long as it considers this appropriate in the interests of justice. The purpose of this provision is to address situations where a person has been subject to a conditional sentence order but has also been subject to delay in the execution of a warrant. In these circumstances, it may be seen as unjust to require the person to serve the full length of their sentence, given that they have effectively already experienced some period of punishment as a result of the delay in the warrant's execution. However, it is worth noting that this provision only applies in cases where there has been unreasonable delay in the execution of a warrant. This means that if there has been no delay, or if the delay was reasonable given the circumstances, the provision does not come into play. Furthermore, the court must still consider whether it is appropriate to deem the time in question to be served under the conditional sentence order, taking into account the interests of justice. One potential issue with this provision is that it may be difficult to determine what constitutes unreasonable delay" in the execution of a warrant. Depending on the circumstances of a given case, what may be seen as unreasonable delay by one person could be seen as reasonable by another. This could lead to inconsistencies in how courts apply this provision in practice. Overall, it seems that Section 742.6(14) is intended to provide a measure of flexibility to the standard rules governing conditional sentence orders in cases where delay in the execution of a warrant has occurred. However, it is important that courts exercise caution when applying this provision and carefully consider the interests of justice in each individual case.

STRATEGY

Section 742.6(14) of the Criminal Code of Canada presents a strategic opportunity for legal practitioners and their clients when navigating conditional sentence orders. The provision allows for the courts to adjust the time served under a conditional sentence order in circumstances where the issuance and execution of a warrant were subject to an unreasonable delay. This provides an avenue for clients to appeal for an alteration of their sentence and for legal practitioners to consider tactical options that could benefit their client's case. One strategic consideration is to determine whether the warrant's issue and execution were subject to unreasonable delays. A delay could be considered unreasonable if it falls outside the normal or expected duration for the warrant's execution. An unreasonable delay could also occur if it impacts the defendant's ability to access critical evidence or to prepare a defense. Legal practitioners should explore different approaches to demonstrate that there was an unreasonable delay. This could include examining the details of the warrant and the timeline of its issuance and execution. Additionally, the preparation of an affidavit from the defendant about the impact of the delay on their case could be persuasive to the court. Another strategic consideration when dealing with this section is to negotiate a resolution. When seeking to modify the time served on a conditional sentence order, particularly those involving unreasonable delay, negotiation can be an effective strategy. Often, the Crown may be amenable to an arrangement that results in a mutually beneficial outcome. A negotiated agreement could involve the defendant accepting another form of punishment in exchange for the reduction of time served on a conditional sentence order. Incorporating civil litigation can also be a strategic consideration. In some cases, legal practitioners may consider filing a civil lawsuit that specifically addresses the unreasonable delay in a criminal proceeding. This civil action could include an action for damages or injunctive relief against the police or other investigative authorities who caused the delay. This approach is more likely to succeed in cases where the delay indicates a violation of the defendant's Canadian Charter of Rights and Freedoms. Lastly, legal practitioners should be well-versed in Section 742.6 (15) of the Criminal Code of Canada, as it is essential to consider the exclusions. This section provides that a court cannot consider the time served under a conditional sentence order as time spent on the sentence if it has already been deemed so by another provision in the Criminal Code. As such, legal practitioners need to investigate if this exemption applies to their client and their case. In conclusion, the Criminal Code of Canada section 742.6(14) offers legal practitioners an avenue to seek changes to a conditional sentence order. Strategies that could be employed include establishing the existence of unreasonable delay, negotiating a mutually beneficial resolution, incorporating civil litigation, and being aware of the exclusions under Section 742.6 (15). By considering these strategic options, legal practitioners can navigate this section of Canada's Criminal Code to secure effective outcomes for their clients.