INTRODUCTION AND BRIEF DESCRIPTION
Section 775 of the Criminal Code of Canada authorizes a judge or court to make an order for the further detention of a person charged or convicted of an offence in order to determine the legality of their imprisonment.
SECTION WORDING
775 Where proceedings to which this Part applies have been instituted before a judge or court having jurisdiction, by or in respect of a person who is in custody by reason that he is charged with or has been convicted of an offence, to have the legality of his imprisonment determined, the judge or court may, without determining the question, make an order for the further detention of that person and direct the judge, justice or provincial court judge under whose warrant he is in custody, or any other judge, justice or provincial court judge, to take any proceedings, hear such evidence or do any other thing that, in the opinion of the judge or court, will best further the ends of justice.
EXPLANATION
Section 775 of the Criminal Code of Canada is a procedural provision that applies in cases where an individual is in custody as a result of being charged with or convicted of an offence, and seeks to have the legality of their imprisonment determined. In such cases, the judge or court may make an order for the further detention of that person, without actually determining the question of the legality of their imprisonment. Instead, the judge or court may direct another judge or justice to take any proceedings, hear evidence or engage in any other actions that will further the ends of justice. This provision serves the important purpose of ensuring that individuals who are in custody are not released prematurely, before the legal issues regarding their imprisonment have been fully resolved. However, it also recognizes the importance of fairness and justice, by providing for further proceedings and hearings in order to ensure that individuals are not unlawfully or unjustly imprisoned. In practice, this provision enables judges and courts to balance the competing interests of preventing harm to the public with ensuring that the rights of accused persons are respected and protected. Overall, section 775 of the Criminal Code of Canada represents an important aspect of the Canadian criminal justice system, ensuring that justice is served in an efficient and fair manner.
COMMENTARY
Section 775 of the Criminal Code of Canada is a crucial provision that deals with the detention of individuals who are charged with or convicted of an offence. The section enables judges or courts to order the further detention of an individual who is in custody, without determining the question of the legality of their imprisonment. This provision ensures that such individuals do not go free before their case is fully heard, and it also allows judges to take the necessary steps to further the ends of justice. One of the critical aspects of section 775 is that it applies only to cases where proceedings have been instituted before a court or judge having jurisdiction. This means that the individual is already in custody, and they are seeking to have their imprisonment determined. This provision offers a safety net for individuals who might be detained illegally as they have the right to challenge their custody. Section 775 recognizes that such individuals may pose a flight risk or may harm themselves or others if released before the determination of their case. As such, judges are empowered to order their continued detention without determining the legality of their imprisonment, ensuring that justice takes its course in a safe and secure environment. Another essential aspect of section 775 is that it allows judges or courts to order any proceedings, hear any evidence, or do any other thing that, in their opinion, will best further the ends of justice. This provision is broad and flexible, and it enables judges to take whatever steps are necessary to ensure justice for the accused individual, the alleged victims, and society at large. For instance, a judge may order the production of additional evidence or witnesses to help the court make an informed decision. They may also direct the correctional authorities or law enforcement agencies to take specific steps, such as providing medical care to the accused or transferring them to a different facility to guarantee their safety and security. Section 775 also acknowledges that judges or courts have different experiences, knowledge, and resources, and that they require different strategies to make informed decisions. As such, it allows judges to direct other judges, justices, or provincial court judges to conduct further proceedings or take any other step that will further the ends of justice. This provision highlights the importance of cooperation and collaboration among different judicial officers to ensure that justice is served. In conclusion, section 775 of the Criminal Code of Canada is a crucial provision that enables judges to order the continued detention of individuals who are in custody without determining the legality of their imprisonment. It allows judges to take any necessary steps to further the ends of justice, ensuring that the accused, victims, and society at large receive justice. Furthermore, it emphasizes the importance of cooperation and collaboration among different judicial officers to facilitate the effective administration of justice.
STRATEGY
Section 775 of the Criminal Code of Canada allows for the further detention of a person who is already in custody while awaiting the determination of the legality of their imprisonment. This section offers an opportunity for strategic considerations by lawyers, prosecutors and judges involved in the proceedings. One of the primary considerations is the potential for misuse of this section as a means of prolonging detention unfairly. In this regard, lawyers and judges have the responsibility of ensuring that this section is not used to unduly delay the determination of the legality of imprisonment. Lawyers must be vigilant in reviewing the legality of a client's detention, to avoid the unnecessary detention of clients and ensure that they obtain the earliest possible release. Another strategic consideration is the possibility of using this section to expedite the trial process. Lawyers may use section 775 to facilitate a quicker determination of the legality of imprisonment of their clients. In this regard, lawyers may request a hearing soon after the client has been arrested and detained. This can lead to a quicker determination of the legality of their client's arrest and detention, which can then lead to the trial being expedited. For prosecutors and judges, section 775 offers an opportunity to expedite the trial process as well. Prosecutors may make a use of this section to have judges expedite the investigative process of evidence gathering. Additionally, judges may request additional evidence gathering or hearings to facilitate the determination of the legality of imprisonment. Both prosecutors and judges must strike a balance between the need for a quick and fair trial and the need for a thorough investigation, which may take time. Another strategic consideration is the need to ensure that section 775 is used in conjunction with the Charter protections afforded to accused persons. Individuals who have been charged or convicted of a crime have the right not to be unlawfully detained. A use of section 775 that prolongs detention indefinitely may be a violation of an accused's Charter rights and lead to remedies or punishment for those involved in that detainment. In conclusion, Section 775 of the Criminal Code of Canada offers lawyers, prosecutors, and judges an opportunity to foster the quick and fair administration of justice. Lawyers must be vigilant in ensuring that this section is not used to delay the determination of the legality of detention. Prosecutors may use this section to expedite the investigative process, while judges may use it to enhance the fairness of the trial process. Finally, all players must ensure that this section is not used in a way that violates the Charter rights of an accused person.