section 551.7(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the considerations and procedures for determining whether related trials should be consolidated.

SECTION WORDING

551.7(2) To make the determination, the Chief Justice or the Chief Judge or his or her designate (a) shall take into account, among other considerations, the degree to which the evidence relating to the issue is similar in the related trials; and (b) may order that a conference between the prosecutor and the accused or counsel for the accused or a hearing be held.

EXPLANATION

Section 551.7(2) of the Criminal Code of Canada deals with a situation where an accused person is facing two or more separate trials for the same or similar offence. In such a case, the Chief Justice or the Chief Judge or their designate will have to determine whether the accused should be tried separately for each offence or whether the trials should be combined into one. To make this determination, the judge will take into account various factors, including the similarity of the evidence in the related trials. The purpose of this provision is to prevent the accused from being unfairly burdened with multiple trials for the same offence. It also aims to ensure that the administration of justice is efficient and effective by avoiding unnecessary duplication of proceedings. By having one combined trial, the court can save time, resources, and costs. The provision also allows the judge to order a conference between the prosecutor and the accused or counsel for the accused or a hearing to obtain further information and consider relevant factors. This way, the judge can make an informed decision that is fair to all parties involved. Overall, Section 551.7(2) seeks to balance the interests of justice, fairness, and efficiency in cases where an accused is facing multiple trials for the same or similar offences.

COMMENTARY

Section 551.7(2) of the Criminal Code of Canada is a crucial provision that provides guidance on the determination of whether or not two or more charges or indictments should be tried jointly. The provision outlines the process that the Chief Justice or Chief Judge or his or her designate should undertake in making the determination. The section has been designed to ensure that the justice system operates smoothly and efficiently while taking into account the interests of both the prosecution and the accused. The provision states that the judge or his or her designate must take into account various factors when making the determination. One of the critical considerations is the degree to which the evidence relating to the issues is similar in the related trials. This factor is particularly important since it helps in determining whether it is in the interest of justice to try the different charges jointly. If the evidence is similar in different trials, then trying them together would save court time, minimize expenses, and avoid conflicting rulings. Furthermore, it ensures that the accused's right to a fair trial is not compromised by having multiple trials on related charges, which may lead to an undue influence on the jury's verdict. The second factor that the judge should consider is ordering a conference between the prosecutor and the accused or counsel for the accused, or a hearing. This factor recognises the importance of providing the parties with an opportunity to have their say and put forward their positions. At the hearing or conference, the prosecutor and the accused or counsel for the accused can present their evidence and make arguments for or against joint trials. Such a conference or hearing would provide an opportunity for the prosecution to demonstrate that the charges are related and should, therefore, be tried together. Alternatively, the accused or counsel might present evidence or arguments to suggest that joint trials would prejudice the accused's right to a fair trial. In conclusion, section 551.7(2) of the Criminal Code of Canada plays a crucial role in ensuring that justice is administered efficiently while safeguarding the rights of the accused. The provision facilitates the smooth operation of the justice system by allowing joint trials in related charges. However, this requires that the judge evaluate various circumstances to determine whether consolidation is fair to all parties involved. Therefore, this provision ensures that the accused and the prosecution can present their case before a judge to determine whether joint trials are appropriate, subsequently leading to fair trials for the accused.

STRATEGY

Section 551.7(2) of the Criminal Code of Canada poses a number of strategic considerations that must be taken into account when considering whether a trial should be conducted jointly with another trial. Some of the key considerations that must be taken include the degree to which the evidence relating to the issue is similar in the related trials, as well as the potential impact that conducting a joint trial could have on the rights of the accused. One of the key strategies that can be employed when dealing with this section of the Criminal Code of Canada is to examine the nature and strength of the evidence that will be presented in the related trials. If the evidence in the two trials is similar and potentially overlaps significantly, it may make sense to consider conducting the trials jointly to save time and resources. An additional strategy that can be employed is to assess the potential impact that a joint trial could have on the rights of the accused. For example, if the accused is concerned that they may be more likely to be convicted if the trials are conducted jointly, it may be appropriate to argue against conducting a joint trial and to instead opt for separate trials. Another consideration that must be taken into account when dealing with this section of the Criminal Code of Canada is the potential implications of conducting a joint trial for the prosecution or defense. For example, if the prosecution is concerned that conducting a joint trial could make it more difficult to secure a conviction, they may choose to argue against conducting a joint trial. Finally, it is important to consider the potential benefits and drawbacks of holding a conference between the prosecutor and the accused or counsel for the accused or a hearing. Such a conference or hearing can provide an opportunity for both parties to better understand the strengths and weaknesses of their respective cases, as well as to identify any potential areas of overlap or conflict. However, it can also be time-consuming and expensive, and may not be necessary in all cases. Overall, there are a number of key strategic considerations that must be taken into account when dealing with section 551.7(2) of the Criminal Code of Canada. By carefully assessing the nature and strength of the evidence, considering the potential impact on the rights of the accused, and weighing the pros and cons of conducting a joint trial, it is possible to develop effective strategies for navigating this complex and often challenging area of criminal law.