Breaking New Ground: The (Largely Unexplored) Power to Make Ancillary Orders Under the Criminal Code

Solicitor's Journal, Vol. 25, pp. 1-8, 2008

20 Pages Posted: 18 Nov 2009

See all articles by Carissima Mathen

Carissima Mathen

University of Ottawa - Common Law Section

Date Written: November 16, 2009

Abstract

Due to our ever-increasing reliance on criminal law to solve difficult social problems, Canadian courts have become the recipients of numerous additional statutory powers. These powers are only loosely related – and in that sense may be regarded as “ancillary” – to the core functions of a criminal justice system. This paper discusses two such developments: the power to make orders respecting offence-related property; and the power to appoint counsel on appeal. Because ancillary orders can have serious consequences for an individual, it is necessary when interpreting them to respect legislative intent while maintaining fidelity to essential principles of criminal justice. This paper offers one such framework for interpretation.

Keywords: criminal law, criminal procedure, sentencing, special powers, offence-related property, self-represented litigants, appeals

Suggested Citation

Mathen, Carissima, Breaking New Ground: The (Largely Unexplored) Power to Make Ancillary Orders Under the Criminal Code (November 16, 2009). Solicitor's Journal, Vol. 25, pp. 1-8, 2008 , Available at SSRN: https://ssrn.com/abstract=1507209 or http://dx.doi.org/10.2139/ssrn.1507209

Carissima Mathen (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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