section 83.29(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a judge to issue a warrant for the arrest of a person who is evading service of an order, about to abscond, or did not attend an examination as required.

SECTION WORDING

83.29(1) The judge who made the order under subsection 83.28(4), or another judge of the same court, may issue a warrant for the arrest of the person named in the order if the judge is satisfied, on an information in writing and under oath, that the person (a) is evading service of the order; (b) is about to abscond; or (c) did not attend the examination, or did not remain in attendance, as required by the order.

EXPLANATION

Section 83.29(1) of the Criminal Code of Canada empowers a judge to issue a warrant for the arrest of a person who has been ordered to attend an examination under section 83.28(4) of the Code, but fails to comply with the order in one of three specified ways. First, if the ordered party evades service of the order, the judge may issue a warrant for their arrest. Second, if the person is about to abscond, meaning they are likely to flee or escape from the jurisdiction of the court, the judge may issue a warrant for their arrest to prevent that from happening. Finally, if the person fails to attend the examination or does not remain in attendance as required by the order, the judge may issue a warrant for their arrest. This section serves an important purpose in ensuring that individuals who have been ordered to attend an examination do not unlawfully avoid or subvert the authority of the court. The power to issue an arrest warrant ensures that individuals who fail to comply with the orders of the court are held accountable for their actions and brought before the court to face the consequences of their non-compliance. Overall, section 83.29(1) highlights the importance of compliance with court orders and serves as a reminder that non-compliance can have serious legal consequences. It also demonstrates the courts' commitment to upholding the rule of law and ensuring that justice is served in accordance with the principles of fairness and due process.

COMMENTARY

Section 83.29(1) of the Criminal Code of Canada provides authority for courts to issue a warrant for the arrest of an individual in cases where the judge is satisfied on an information in writing and under oath that the individual is evading service of the order, is about to abscond, or failed to attend the examination as required by the order. This section of the Criminal Code of Canada is an essential tool for law enforcement to ensure that individuals who pose a threat to public safety are apprehended promptly and brought to justice. The power to issue arrest warrants is a crucial aspect of Canada's criminal justice system. It allows law enforcement agencies to arrest individuals suspected of criminal activity and bring them before the court for a fair trial. Section 83.29(1) ensures that even in the case of individuals who have been subject to a court order, and who are evading or absconding, law enforcement can use this power to arrest them. The purpose of this section is to ensure that individuals who are subject to court orders comply with the requirements of the order. For example, if an individual is subject to a peace bond or a recognizance, they are required to attend court or comply with other conditions outlined in the order. The court can use Section 83.29(1) to issue a warrant for their arrest if they do not comply with these requirements. This serves to deter individuals from breaching court orders and ensures that individuals who pose a threat to public safety are brought to justice. Additionally, this section gives the court the power to issue an arrest warrant against an individual who is about to abscond. This is an important tool for law enforcement as it can prevent individuals from fleeing the jurisdiction and evading arrest. By issuing an arrest warrant, law enforcement can ensure that individuals who are attempting to avoid arrest are apprehended promptly. Overall, Section 83.29(1) of the Criminal Code of Canada plays a crucial role in ensuring that individuals who pose a threat to public safety comply with court orders and that individuals who evade or abscond are apprehended promptly. The section provides an essential tool for law enforcement to maintain public safety and uphold the integrity of the criminal justice system. It is important to note that the powers conferred by this section must be used judiciously, and safeguards must be in place to protect individual rights and liberties.

STRATEGY

Section 83.29(1) of the Criminal Code of Canada is an important legal provision that allows judges to issue a warrant for the arrest of a person who has been named in an earlier order (under subsection 83.28(4)) related to national security matters. In order for a judge to issue such a warrant, they need to be satisfied that the person in question is evading service of the order, is about to abscond, or did not attend the examination as required by the order. This section has important strategic considerations that any legal practitioner or law enforcement agency needs to be aware of, particularly when it comes to obtaining and executing such warrants. One key strategic consideration is the need for comprehensive and accurate information in writing and under oath. Judges rely on written information to make decisions related to issuing warrants, and it is critical that this information be complete, factual, and reliable. Legal practitioners and law enforcement agencies need to ensure that the information they provide to judges meets these standards, as any errors, omissions, or inaccuracies can undermine the credibility of the warrant and the related order. Another strategic consideration is the need to act quickly and decisively once a warrant is issued. This is particularly true in cases where a person is about to abscond or is evading service of the order, as timely and effective action can be critical in preventing harm to national security. Law enforcement agencies need to have protocols in place for executing warrants related to national security matters, including procedures for locating and apprehending individuals who are on the run or who are hiding from law enforcement. A third strategic consideration is the need to balance the rights and interests of the individual named in the warrant with the public interest in national security. While it may be necessary to apprehend and detain a person for national security reasons, the person still has the right to due process and a fair trial. Legal practitioners and law enforcement agencies need to be mindful of this balance and ensure that they act in accordance with the law and ethical considerations, while still pursuing national security objectives. There are several strategies that can be employed to facilitate compliance with Section 83.29(1) of the Criminal Code of Canada. One potential strategy is to establish clear and consistent protocols for obtaining and executing warrants related to national security matters. This can include guidelines for preparing the necessary information, procedures for issuing warrants, and instructions for apprehending and detaining individuals who are named in the warrant. Another strategy is to engage in ongoing training and education related to national security matters and the legal requirements for obtaining and executing warrants. This can help legal practitioners and law enforcement agencies to stay up-to-date on the latest developments in this area, as well as ensuring that they are familiar with the relevant legal and ethical considerations. Finally, legal practitioners and law enforcement agencies can take steps to foster greater collaboration and communication among different stakeholders involved in national security matters. This can include working closely with other law enforcement agencies, relevant government departments, and community groups to build partnerships and networks that facilitate the exchange of information, strategies, and resources. Overall, Section 83.29(1) of the Criminal Code of Canada is a critical legal provision that enables judges to issue warrants for the arrest of individuals involved in national security matters. By taking these strategic considerations into account and employing effective strategies for complying with this provision, legal practitioners and law enforcement agencies can help to ensure that national security objectives are pursued in a manner that is lawful, ethical, and effective.