INTRODUCTION AND BRIEF DESCRIPTION
This section outlines which courts have the authority, subject to approval, to create rules of court applicable to criminal proceedings within their jurisdiction.
SECTION WORDING
482(2) The following courts may, subject to the approval of the lieutenant governor in council of the relevant province, make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal: (a) every court of criminal jurisdiction for a province; (b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1); (c) the Ontario Court of Justice; (d) the Court of Quebec and every municipal court in the Province of Quebec; (e) the Provincial Court of Nova Scotia; (f) the Provincial Court of New Brunswick; (g) the Provincial Court of Manitoba; (h) the Provincial Court of British Columbia; (i) the Provincial Court of Prince Edward Island; (j) the Provincial Court of Saskatchewan; (k) the Provincial Court of Alberta; (l) the Provincial Court of Newfoundland; (m) the Territorial Court of Yukon; (n) the Territorial Court of the Northwest Territories; and (o) the Nunavut Court of Justice.
EXPLANATION
Section 482(2) of the Criminal Code of Canada gives certain courts the ability to make rules of court that are applicable to any prosecution, proceeding, action, or appeal within their jurisdiction, as long as these rules are not inconsistent with the Criminal Code or any other federal law. These courts include every court of criminal jurisdiction for a province, certain appeal courts, and specific provincial and territorial courts. The purpose of this provision is to allow these courts to create their own procedures and processes to handle criminal cases within their jurisdiction. This can include rules surrounding pre-trial motions, the exchange of evidence, and the conduct of trials. By having the authority to establish these rules, these courts can better manage their caseloads and improve the efficiency of the criminal justice system. However, it's important to note that the lieutenant governor in council of the relevant province must approve any rules of court made by these courts. Additionally, these rules must not be inconsistent with federal law, including the Criminal Code, to ensure that individuals' rights are protected throughout the criminal justice process. Overall, Section 482(2) allows for a more tailored approach to criminal justice within these specific courts, ultimately benefitting the individuals involved in these cases and the justice system as a whole.
COMMENTARY
Section 482(2) of the Criminal Code of Canada grants various courts within the Canadian legal system the power to make rules of court in relation to any prosecution, proceeding, action, or appeal that is within their jurisdiction, as long as those rules are not inconsistent with any other Acts of Parliament or the Criminal Code. This provision is particularly important as it allows courts to maintain a certain degree of autonomy and control over the day-to-day operations and procedures that take place within their courtrooms. It helps ensure that the courts are given the flexibility to develop rules and procedures that are unique to their particular jurisdiction and needs. This power is not absolute, however, as any rules of court that are developed must still be approved by the lieutenant governor in council of the province in which the court is situated. This ensures that the rules developed are consistent with the larger legal framework within which the courts operate. Furthermore, the provision states that any rules of court developed must not be inconsistent with the Criminal Code or any other Act of Parliament. This means that while courts are given a certain degree of flexibility, they are still bound by the overall legal framework established at the federal level. Overall, Section 482(2) of the Criminal Code of Canada is an important provision that grants courts the power to develop and implement rules of court that are unique to their jurisdiction and needs while still adhering to the overall legal framework established by the federal government. By providing this autonomy, courts can better serve the communities they are situated within while still upholding the rule of law within the Canadian legal system.
STRATEGY
Section 482(2) of the Criminal Code of Canada grants courts the authority to make rules of court in relation to criminal matters within their jurisdiction. This section provides prosecutors and defense counsel with strategic considerations when dealing with criminal proceedings. In this paper, we will discuss some of these considerations and strategies that can be employed in relation to this section of the Criminal Code of Canada. The first strategic consideration is to always be aware of the rules of the court where the proceeding is taking place. It is crucial to understand the specific rules and procedures that govern the courtroom to ensure that they are being followed. Counsel should familiarize themselves with these rules to ensure that they do not miss a crucial step or make a mistake that could undermine their case. A second strategic consideration is to be mindful of the rules when preparing for the proceeding. This may include seeking clarification from the court on certain rules, such as the deadlines for filing documents or the requirements for disclosure. For example, when preparing for a preliminary hearing, defense counsel may need to be aware of the rules related to the collection and preservation of evidence. A third strategic consideration is to anticipate possible objections to the rules. For instance, counsel may need to challenge the rules if they believe they are inconsistent with the Criminal Code or any other Act of Parliament. This could involve submitting a written objection to the court, or raising the issue at the earliest opportunity. It is essential to be proactive in identifying any issues, so that they can be addressed and resolved before they become a problem. A fourth strategic consideration is to seek the approval of the lieutenant governor in council when necessary. Counsel may need to seek approval if they wish to challenge a rule or if they want to introduce new rules into a proceeding. This requires careful planning and consideration of the evidence and arguments needed to support such a request. Finally, counsel needs to be mindful of the strategic considerations related to the possibility of appealing the decision. If the outcome of a proceeding is unfavorable, either the prosecution or Defense may choose to launch an appeal. In such cases, the rules of the court regarding appeals must be followed, and counsel needs to be well-versed in these rules. In conclusion, section 482(2) of the Criminal Code of Canada provides courts with the authority to make rules of court in relation to criminal matters. Counsel needs to be aware of these rules, prepare accordingly, challenge rules if necessary, seek approval when required, and keep in mind the possibility of appealing decisions. By doing so, they can help ensure a fair and effective proceeding for all parties involved.