section 462.46(2)

INTRODUCTION AND BRIEF DESCRIPTION

Certified copies of documents made under subsection (1) are admissible in evidence with the same probative force as the original document.

SECTION WORDING

462.46(2) Every copy made under subsection (1) shall, if certified as a true copy by the Attorney General, be admissible in evidence and, in the absence of evidence to the contrary, shall have the same probative force as the original document would have had if it had been proved in the ordinary way.

EXPLANATION

Section 462.46(2) of the Criminal Code of Canada addresses the use of certified copies of documents in legal proceedings. This section states that if a copy of a document has been made under subsection (1) of this section and is certified as a true copy by the Attorney General, it will be admissible as evidence and will carry the same weight as the original document. The provision is particularly relevant in cases where the original document may be difficult to obtain, lost, or destroyed. As the certified copy carries the same probative force as the original, it allows parties to rely on the contents of the document without having to go through the process of obtaining the original. The section also notes that the certified copy will be admissible in the absence of evidence to the contrary. This means that if a party wishes to challenge the authenticity of the document or the accuracy of the copy, they must provide evidence to support their claim. If no such evidence is presented, the certified copy will be accepted as true. Overall, this provision of the Criminal Code plays an important role in ensuring that relevant documents can be considered as evidence in legal proceedings, even if they are not physically present or if the original is lost or destroyed.

COMMENTARY

Section 462.46(2) of the Criminal Code of Canada is an important aspect of evidence admissibility in criminal trials. This section deals with the admissibility of copies of documents produced under subsection (1) of the same section. According to the provision, if a copy of a document is produced under subsection (1), it can be certified as a true copy by the Attorney General, and then, the certified copy shall be admissible in evidence. The provision also lays down that, in the absence of evidence to the contrary, the certified copy of the document shall have the same probative force as the original document would have had if it had been proved in the ordinary way. This means that if a document is produced as a copy under subsection (1) and is certified as a true copy by the Attorney General, it is considered to have the same weight and credibility as the original document if it had been produced in the ordinary way. This is an important provision as it recognizes that the production of documents as copies is a common practice in modern times. This section of the Criminal Code of Canada is particularly relevant in criminal trials because admissibility of evidence is an important aspect of the trial process. Evidence is crucial to establishing a person's guilt or innocence, and if a piece of evidence is deemed inadmissible, it cannot be considered by the court when deciding the case. The provision also recognizes that documents may be produced in a variety of formats, and the admissibility of these documents should not be hindered by the mere fact that they are copies. The certification process by the Attorney General is provided to ensure that the copies are authentic and accurate representations of the originals. The section also has the added benefit of allowing for documents to be produced without requiring the original document to be physically present in the court proceedings. This can be especially useful when the original document is lost or destroyed, or when the person in possession of the original document is unable to produce it. Overall, Section 462.46(2) of the Criminal Code of Canada is an important provision that recognizes the validity of documents produced as copies in modern times. The provision also lays down a framework to ensure that these copies are admissible in court proceedings and have the same weight and credibility as the original documents.

STRATEGY

Section 462.46(2) of the Criminal Code of Canada provides a key mechanism for the admissibility of documentary evidence in criminal proceedings. This section enables copies of original documents to be used as evidence in cases where the original may not be accessible or may have been lost or destroyed. This provision has wide-ranging implications for criminal proceedings, and as such, strategic considerations are essential when dealing with this section. One of the key strategic considerations when dealing with section 462.46(2) is ensuring that the copies made are of sufficient quality to be admissible in court. This may require expertise in forensic document examination and specialized technology to create accurate copies. Failure to meet the standards necessary for admissibility could result in the copies being challenged, leading to delays, extra costs, and potentially damaging outcomes. Another important strategic consideration when dealing with this section is ensuring that the certification process is followed correctly. The certification process requires the Attorney General to verify that the copy is an accurate representation of the original. This step is crucial in establishing the authenticity of the evidence and its admissibility in court. Any failure to adhere to the certification process could lead to the copies being deemed inadmissible, undermining the case. A third strategic consideration is the potential for challenges to the admissibility of the copy. The provision stipulates that in the absence of evidence to the contrary, the copy has the same probative force as the original document. However, defendants or their lawyers may challenge the validity of the copy by presenting evidence that contradicts the information contained in the copy or suggests that the copy was doctored or tampered with. When dealing with this section, lawyers must also consider the context in which the copy is being used. They must assess the extent to which the copy is essential to the case and weigh this against any potential challenges that may arise regarding the admissibility of the evidence. As such, strategies may be employed to minimize the potential for challenges to the copy, such as consulting with experts to ensure the quality of the copy or verifying the authenticity of the document through other sources. In summary, section 462.46(2) of the Criminal Code of Canada provides a valuable tool for admissibility of documentary evidence in criminal proceedings. Strategic considerations must be made to ensure that the copy is of sufficient quality, the certification process is followed correctly, and the potential for challenges to the admissibility of the copy is minimized. To maximize the effectiveness of this provision, lawyers may employ various strategies to ensure the copy is admissible and carries the necessary weight to support their case.