section 117.12(1)

INTRODUCTION AND BRIEF DESCRIPTION

A document purporting to be an authorization, license or registration certificate is considered evidence of the statements contained therein in any legal proceedings.

SECTION WORDING

117.12 (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein.

EXPLANATION

Section 117.12(1) of the Criminal Code of Canada is a provision that allows a document, such as an authorization, license or registration certificate, to be used as evidence of the statements contained therein in any proceedings under the Act or any other Act of Parliament. This means that if a document contains statements relevant to a case, it can be admitted as evidence without requiring further proof of those statements. For instance, if a person is accused of a crime that required them to have a license or a registration certificate, the prosecution can use that document to prove that the accused did not possess the required license or certificate at the time of the alleged offence. Similarly, if the police obtain a search warrant or other authorization to carry out a search or seizure, the warrant or authorization itself could be used as evidence that the police had lawful authority to conduct the search. The purpose of this provision is to simplify court proceedings and reduce the burden of proof on the prosecution. It also ensures that important documents that are central to a case are admissible in court, even if the author of the document is not available to testify or provide further evidence. However, it is important to note that the use of a document as evidence under section 117.12(1) does not prevent the other party from challenging its validity or accuracy. The opposing party can still argue that the document is forged, inaccurate or unreliable and present evidence to support their claim.

COMMENTARY

Section 117.12(1) of the Criminal Code of Canada is a provision that is designed to facilitate the efficient administration of justice. This section provides a valuable tool that can be used by prosecutors, law enforcement officials, and other parties involved in criminal proceedings to present evidence and establish the requirements of any applicable laws or regulations. The provision specifies that in any proceedings under the Criminal Code or any other Act of Parliament, a document that purports to be an authorization, a licence, or a registration certificate is evidence of the statements contained therein. This means that if a party to a criminal proceeding presents a document that appears to be an official authorization, licence, or registration certificate, the statements contained within that document will be presumed to be accurate unless proven otherwise. The ability to rely on documents in this way can be particularly useful in cases involving activities that are subject to regulation or require government approval. For example, this provision could be used in a case involving a person who is alleged to have violated the terms of a hunting or fishing licence, or in a case where a person is accused of operating a motor vehicle without the required permit or registration. The provision also has important implications for privacy and security. By allowing officials to rely on documents rather than requiring them to obtain information through other means, this provision can help to protect sensitive information and limit the potential for unauthorized access to personal data. For example, in a case where a party is accused of violating environmental regulations, officials may be able to rely on documents that contain sensitive information about the location and nature of the alleged violations, rather than having to disclose those details in open court. However, it is important to note that this provision is subject to certain limitations. In order for a document to be admissible as evidence, it must be relevant to the issues at hand and must not be subject to any legal challenge. In addition, the parties involved in the proceedings have the right to challenge the accuracy of the statements contained within a document, and they may present evidence to the contrary. Overall, Section 117.12(1) of the Criminal Code of Canada is an important provision that plays an important role in the administration of justice. By allowing officials to rely on documents in certain circumstances, this provision helps to ensure that criminal proceedings are conducted efficiently, while also protecting sensitive information and upholding the right to challenge evidence presented in court.

STRATEGY

Section 117.12(1) of the Criminal Code of Canada is a crucial provision that plays a significant role in the prosecution of regulatory offences. Essentially, the provision provides for the admissibility of documents such as licenses, authorization, and registration certificates as evidence in criminal proceedings. This means that if the prosecution is able to produce a document that purports to show that an accused person did not have the required authorization or permit, the document can be used as evidence against the accused without the need for further proof. Since the provision enables the prosecutors to use documents as evidence against an accused person, it has significant implications for defence counsel. Criminal defence lawyers must carefully evaluate the admissibility and reliability of such documents, and develop strategies to challenge their use or mitigate their impact. Some strategic considerations that defence counsel may consider when dealing with this section of the Criminal Code of Canada are discussed below. 1. Evaluate the authenticity of the document - The admissibility of a document under section 117.12 (1) depends on whether the document is genuine. Therefore, one strategy that a defence lawyer can employ is to challenge the authenticity of the document. The lawyer may ask questions to the prosecution about how the document was obtained and stored, and whether there have been any alterations or discrepancies. Additionally, the lawyer may retain an expert to analyze the document and verify the authenticity. 2. Challenge the reliability of the document - Even if a document is genuine, it may not necessarily be reliable. A defence lawyer can challenge the reliability of the document by pointing out any errors or discrepancies in the document or by highlighting any missing information. The lawyer may also challenge the methods and procedures used to produce the document. 3. Apply to exclude the document - Where the authenticity or reliability of the document is challenged, a defence lawyer may consider applying to exclude the document from evidence. This strategy involves bringing an application before the court, asking that the document be excluded from the proceeding. The basis of the application may be that the document is not relevant, or that it is not reliable. 4. Attack the strength of the prosecution's case - Another strategy may be to challenge other aspects of the prosecution's case. For instance, a defence lawyer may seek to demonstrate that the accused had the required authorization or permit at the time of the alleged offence, and hence the document is irrelevant. Alternatively, the lawyer may seek to poke holes in other evidence presented by the prosecution to weaken the overall strength of their case. In conclusion, section 117.12(1) of the Criminal Code of Canada is a critical provision that enables the use of documents as evidence in regulatory offence cases. However, defence counsel can employ several strategic considerations to challenge their admissibility and reliability. It is essential for criminal defence lawyers to carefully evaluate these documents, develop a strategy, and challenge them accordingly to ensure that their clients receive a fair trial.