INTRODUCTION AND BRIEF DESCRIPTION
This section requires a justice to send all relevant information to the court when an accused is ordered to stand trial.
SECTION WORDING
551 Where a justice orders an accused to stand trial, the justice shall forthwith send to the clerk or other proper officer of the court by which the accused is to be tried, the information, the evidence, the exhibits, the statement if any of the accused taken down in writing under section 541, any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.
EXPLANATION
Section 551 of the Criminal Code of Canada outlines the responsibilities of a justice when an accused person is ordered to stand trial. Specifically, it requires that the justice send various pieces of evidence related to the charge to the clerk or other officer of the court where the trial will take place. This evidence includes the information (the formal accusation against the accused), any exhibits that may be relevant, and any statements or evidence collected under section 541. Additionally, the justice must also provide any promises to appear, undertakings, or recognizances made by the accused or entered into under Part XVI of the Criminal Code. These agreements may involve conditions such as requiring the accused to report to a specific location or refrain from certain activities. Importantly, Section 551 also requires the justice to send any evidence taken before a coroner. Coroners are typically called in cases where an individual has died in unusual or suspicious circumstances, and their investigation may uncover important information relevant to the trial. By mandating that these various pieces of evidence be sent to the court, Section 551 ensures that the prosecution has access to all relevant information to pursue a fair trial against the accused person. It also helps to ensure that the court has a complete understanding of the case and can make an informed decision about the accused's guilt or innocence.
COMMENTARY
Section 551 of the Criminal Code of Canada is a crucial provision that outlines the duties of a justice who orders an accused person to stand trial. The provision sets out in clear terms the requirements for the justice to send the necessary documentation to the clerk or other proper officer of the court where the accused is to be tried. Specifically, these documents include the information, evidence, exhibits, statement if any of the accused under section 541, promises to appear, undertakings, or recognizances given or entered into in accordance with Part XVI. The information and evidence referred to in Section 551 are critical to the proceedings of a criminal trial. They are used to establish the basis of the charges brought against the accused, and they provide the prosecution with the evidence they need to establish guilt beyond a reasonable doubt. The exhibits referred to in this section are any physical items that were seized during the investigation of the alleged crime, such as weapons, documents, or other pieces of evidence that may be used in court to support the prosecution's case. In addition to these documents, Section 551 also specifies that any statement made by the accused under section 541 must be sent to the court. Section 541 of the Criminal Code requires that any statement made by the accused to a peace officer or in response to questioning by a person in authority must be given under oath or solemn affirmation and recorded in writing. By requiring that this documentation be sent to the court, Section 551 ensures that all relevant information is available during the trial and that the accused's rights are protected at all times. The final piece of documentation that a justice must send to the court under Section 551 is any evidence taken before a coroner. This refers to an inquest conducted by a coroner, which is a formal investigation into a death that may have been caused by criminal activity. The results of the inquest can be used in court to support the prosecution's case, and Section 551 ensures that this evidence is provided to the court as required. Overall, Section 551 of the Criminal Code of Canada is a crucial provision that ensures that all relevant information is available to the court during a criminal trial. By requiring the justice to send the necessary documentation to the clerk or other proper officer of the court, this section guarantees that the accused's rights are protected and that the court has all the evidence it needs to make an informed decision on the case. This provision is a key element of the Canadian justice system and plays a critical role in ensuring that trials are conducted in a fair and just manner.
STRATEGY
Section 551 of the Criminal Code of Canada is a critical component of the trial process. It outlines the responsibilities of a justice when ordering an accused to stand trial and the necessary actions to be taken to ensure that the relevant evidence and information are available to the court for the trial. In the context of the Canadian justice system, understanding this section's strategic considerations is essential for ensuring a smooth and efficient trial process. Therefore, here are some strategic considerations and possible strategies that could be employed when dealing with this section of the Criminal Code of Canada. One strategic consideration when dealing with section 551 is the importance of ensuring that all the necessary evidence and information is obtained by the justice in a timely and effective manner. This includes any physical exhibits, written statements, promises to appear, or recognizances that may be relevant to the case. One strategy that could be employed to ensure this is by creating a system of checks and balances that ensures that all relevant information and evidence is collected quickly and efficiently. This includes regular communication with the court clerk and other court officials to ensure the documents are forwarded to the court in a timely manner. Another strategic consideration when dealing with section 551 is the need to protect the integrity of the evidence and information. This is essential for maintaining the credibility of the trial and the justice system as a whole. One strategy that could be employed to ensure this is by establishing strict protocols for the handling and storage of the evidence and information. This includes clear guidelines on who is authorized to access the materials and the methods used to ensure that they remain tamper-free and secure. These protocols must also be communicated clearly to all relevant parties, including the accused, their legal counsel, and the court officials. Another critical consideration when dealing with section 551 is the need for effective communication. This is essential to ensure that all relevant parties are aware of the evidence and information that will be presented at the trial. One strategy that could be employed to achieve this is by scheduling regular meetings between all relevant parties, including the prosecutor, the accused, and their legal counsel. These meetings should aim to clarify any misunderstandings or doubts surrounding the evidence and information to be presented at the trial. Effective communication here will help ensure that the court proceedings are conducted smoothly and without confusion. In conclusion, section 551 of the Criminal Code of Canada is a crucial aspect of the Canadian justice system's trial process. It outlines the necessary steps to ensure that all relevant evidence and information is available for the trial to proceed smoothly and efficiently. Therefore, it is essential to understand the strategic considerations when dealing with this section and to employ effective strategies that protect the integrity of the evidence, ensure clear communication, and ensure timely and efficient collection of all relevant materials. By adhering to these considerations and strategies, we can help ensure a fair and just trial process in Canada.