section 184.3(4)

INTRODUCTION AND BRIEF DESCRIPTION

An oath may be administered via telephone or other means of telecommunication for the purposes of subsection (2).

SECTION WORDING

184.3(4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

EXPLANATION

Section 184.3(4) of the Criminal Code of Canada is a provision that allows for the administration of an oath by telephone or other means of telecommunication in the context of a criminal investigation. This section is an important component of the legal system of Canada, ensuring that oaths required for investigations can be taken regardless of the location of the person taking the oath. Subsection (2) of Section 184.3 requires that certain documents and data be provided to an investigative body on oath or affirmation. This section ensures that the oath required can be administered even if the person taking the oath is not physically present with the person administering the oath. This is particularly important in cases where the person may be located in a different jurisdiction or country and cannot travel to the location where the oath is being administered. The use of telecommunication to administer oaths is also important in cases where the safety of the person taking the oath may be compromised. For example, if the person is a witness in a high-profile case, it may not be safe for them to travel to a location to take the oath in person. This provision allows for an alternative means of administering the oath while maintaining their safety. Overall, Section 184.3(4) of the Criminal Code of Canada is a necessary provision for ensuring that oaths required for criminal investigations can be administered regardless of the location or circumstances of the person taking the oath. It enables the legal system to function effectively and efficiently, while also ensuring the safety of those involved in the investigation.

COMMENTARY

Section 184.3(4) of the Criminal Code of Canada allows for oaths to be administered through telecommunication means. This provision has been introduced to allow for remote communication, which may be useful when individuals are unable to attend court in person. This section is an important development in criminal law as it enables flexibility in administering oaths, removing the burden of travelling, and allowing individuals to be cross-examined remotely. The use of telecommunication to administer oaths is a phenomenon that has become popular in recent years. It allows for individuals in rural areas or those with mobility limitations, for example, to provide testimony without having to travel long distances. This is crucial in ensuring that the right to a fair trial, which is a fundamental human right, is upheld. Moreover, the use of telecommunication may be especially beneficial during the COVID-19 pandemic, where social distancing measures are encouraged. However, there have been concerns about the protection of witnesses' rights when using telecommunication means. The use of telecommunication may limit the witness's sensory experience, especially when it comes to observing the defendant and gauging their reaction. This sensory experience is an essential aspect of providing testimony, and its absence may hinder the witness's ability to accurately recall events. There is also the possibility that the technology used to administer oaths may malfunction, resulting in a compromise of the trial's integrity. Moreover, there are instances where the use of telecommunication may not be allowed. For instance, when there are concerns about the accuracy or truthfulness of the testimony provided, it may be necessary to have the witness appear in person. This is because the credibility of the witness and the evidence they provide must be assessed thoroughly, and the use of telecommunication may hinder this process. Another important aspect to consider is the application of this section in the Canadian legal system. While telecommunication may be useful in situations where remote testimony is needed, the use of technology must be balanced with the principles of impartiality, fairness, and justice. It is essential to ensure that the procedures used in administering oaths do not undermine the rule of law and the right of the accused to have a fair trial. To conclude, Section 184.3(4) of the Criminal Code of Canada has introduced an important development in criminal law by allowing oaths to be administered through telecommunication means. While it has its benefits, its use must be balanced with the protection of witness rights and the principles of impartiality, fairness, and justice. The use of technology must not compromise the integrity of trials or undermine the rights of the accused. Thus, when applying this provision in the Canadian legal system, a careful assessment of its impact on the criminal justice system must be considered.

STRATEGY

Section 184.3(4) of the Criminal Code of Canada is an interesting provision that allows oaths to be administered remotely through telephone or other means of telecommunication. This provision is especially relevant in the context of criminal investigations and prosecutions, where witnesses may be located far away from the jurisdiction of the court or may be unable to attend court in person due to health, safety, or logistical reasons. Some strategic considerations when dealing with this section of the Criminal Code of Canada include the following: 1. Convenience and accessibility: One of the main benefits of administering oaths through telecommunication is convenience and accessibility. This provision allows for witnesses to give evidence from remote locations, without the need to travel long distances or incur expensive travel costs. This is especially important in cases where the witness is a victim or a vulnerable person who may be intimidated or traumatized by attending court in person. 2. Accuracy and reliability: Another important consideration when administering oaths through telecommunication is accuracy and reliability. The technology used for telecommunication must be reliable and secure, in order to ensure that the witness's evidence is recorded accurately and that there is no interference or tampering. The person administering the oath must also verify the identity of the witness and ensure that they understand the significance of taking an oath. 3. Admissibility and credibility: A key strategic consideration when dealing with this provision is the admissibility and credibility of the evidence obtained through telecommunication. The courts may be hesitant to admit evidence obtained through telecommunication, especially if it is challenged by the other party. Therefore, it is important to ensure that the person administering the oath conforms to the requirements of the law and that the evidence is relevant, material, and probative. Some strategies that could be employed when dealing with this section of the Criminal Code of Canada include: 1. Proactive planning: It is important to plan ahead and anticipate the potential use of this provision in criminal investigations and prosecutions. This may involve identifying witnesses who may need to give evidence remotely, as well as identifying appropriate technology and methods for administering oaths through telecommunication. 2. Collaboration and communication: Effective collaboration between the prosecution, defense, and the court is essential when dealing with this provision. This may involve communicating with the other parties about the use of telecommunication, and ensuring that they are aware of the relevant laws, regulations, and procedures. 3. Training and education: In order to ensure the effective and efficient use of this provision, it may be necessary to provide training and education to witnesses, court officials, and other stakeholders. This may involve educating them about the use of telecommunication, the requirements for administering oaths, and the legal and ethical responsibilities involved. In conclusion, Section 184.3(4) of the Criminal Code of Canada provides a valuable tool for administering oaths remotely through telecommunication. However, it is important to carefully consider the strategic implications of using this provision, and to employ appropriate strategies to ensure its effective and efficient use.