INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the procedure for delivering particulars and how they should be treated during trial.
SECTION WORDING
587(3) Where a particular is delivered pursuant to this section, (a) a copy shall be given without charge to the accused or his counsel; (b) the particular shall be entered in the record; and (c) the trial shall proceed in all respects as if the indictment had been amended to conform with the particular.
EXPLANATION
Section 587(3) of the Criminal Code of Canada outlines the procedure for delivering particulars in criminal trials. Particulars refer to specific details of the alleged offence, such as the time, place, and manner in which it was committed. These details are important to the accused, as they allow them to mount a proper defense against the charges. If the prosecutor fails to include adequate particulars in the indictment, the accused can request that they be provided. Section 587(3) sets out the requirements for this process. First, the prosecutor must deliver the particulars to the accused or their counsel, free of charge. This ensures that the accused has access to all necessary information to prepare their defense. Once the particulars have been delivered, they must be entered into the record. This means that they become an official part of the court proceedings and can be referred to by both the defense and the prosecution. This ensures that the particulars are available as evidence throughout the trial. Finally, section 587(3) stipulates that the trial must proceed as if the indictment had been amended to include the particulars. This means that the accused can rely on the particulars as a basis for their defense, and that the prosecution must be prepared to address them. The purpose of this provision is to ensure that the accused receives a fair trial and that all relevant information is available to both parties. Overall, section 587(3) is an important safeguard for the rights of the accused in criminal trials. By requiring the delivery of particulars and their entry into the record, it ensures that the accused has access to all relevant information and can mount an effective defense against the charges.
COMMENTARY
Section 587(3) of the Criminal Code of Canada deals with the delivery of particulars to the accused person in criminal proceedings. A particular is a document that contains detailed information about the specific allegations or charges against the accused. It is an important document in criminal proceedings as it gives the accused a clear understanding of the case against them. The section sets out three requirements when a particular is delivered pursuant to this section. Firstly, a copy of the particular must be given to the accused or their counsel without charge. This is important as it ensures that the accused has the necessary information to be able to understand the case against them. It also allows the accused to prepare their defence properly. Failure to provide the accused with a copy of the particular can have serious consequences, including a possible mistrial. Secondly, the particular must be entered into the record of the proceedings. This ensures that there is a clear record of the charges against the accused, which is important for both the prosecution and the defence. It also ensures that the court has everything it needs to make a fair and informed decision. Finally, the third requirement is that the trial must proceed in all respects as if the indictment had been amended to conform with the particular. This means that the particular becomes the operative document, and the charges against the accused are now based on the particular, rather than the original indictment. This is important as it ensures that the accused is not unfairly prejudiced by the late delivery of the particular. It also ensures that the trial proceeds fairly and without unnecessary delay. Section 587(3) of the Criminal Code of Canada is an important provision as it helps to ensure that criminal trials are conducted fairly and in accordance with fundamental principles of justice. It also helps to protect the rights of the accused and ensures that they have the necessary information to prepare their defence. Overall, criminal trials are complex and challenging affairs, and every aspect of the proceedings must be conducted with care and attention to detail. Section 587(3) plays an important role in ensuring that criminal trials are conducted fairly and in accordance with the law. By setting out clear requirements for the delivery of particulars, it helps to ensure that the accused is given a fair trial and that justice is served.
STRATEGY
Section 587(3) of the Criminal Code of Canada is an important provision that outlines the process for delivering a particular to an accused person or their counsel. A particular is a document that provides specific details about the charge that an accused person is facing, including the time, place, and manner of the alleged offence. When dealing with this section of the Criminal Code, there are several strategic considerations that lawyers and accused persons must take into account. These include: 1. Timing: One key consideration is the timing of the delivery of the particular. Section 587(3) provides that a particular may be delivered at any time before or during the trial, but it is generally advisable to request it as early as possible. This will give the accused person and their counsel more time to review the specifics of the charge and prepare an appropriate defence. 2. Disclosure: Section 587(3)(a) requires the Crown to give a copy of the particular to the accused or their counsel without charge. However, there may be circumstances where the Crown fails to disclose certain information or provides an incomplete particular. In such cases, the accused person may need to request further disclosure or make a constitutional challenge based on a violation of their right to full disclosure. 3. Amendments: Section 587(3)(c) stipulates that the trial shall proceed as if the indictment had been amended to conform with the particular. This means that the particular effectively becomes part of the indictment, and any subsequent amendments to the indictment must also take the particulars into account. Therefore, it is important for accused persons and their counsel to carefully review the particulars and ensure that they are incorporated into the defence strategy. 4. Defence strategy: Once the particulars have been received and reviewed, accused persons and their counsel must develop an appropriate defence strategy. This may involve challenging the facts of the charge, seeking to have the charge dismissed, negotiating a plea bargain, or preparing for a trial. The specific strategy will depend on the particulars of the charge, the strength of the evidence, and the circumstances of the case. 5. Court procedures: Finally, accused persons and their counsel must be familiar with the court procedures for dealing with particulars. This includes ensuring that the particular is entered into the record, requesting any necessary adjournments or other accommodations, and making any necessary objections or arguments during the trial. Strategies that may be employed in dealing with section 587(3) of the Criminal Code include: 1. Timely requests for particulars: As noted, it is generally advantageous to request the particular as early as possible to give the accused person and their counsel more time to prepare a defence. 2. Vigorous disclosure requests: If the Crown fails to disclose certain information or provides an incomplete particular, the accused person may need to make additional disclosure requests or even challenge the constitutionality of the charge. 3. Careful review of particulars: Once the particulars have been received, accused persons and their counsel must pay careful attention to the facts of the charge and consider how they can be incorporated into the defence strategy. 4. Creative defence strategies: Depending on the particulars of the charge and the strength of the evidence, accused persons and their counsel may need to pursue creative defence strategies like a Charter challenge, a plea bargain, or a challenge to the admissibility of evidence. 5. Skilled courtroom advocacy: Finally, successful defence of a particular charge will require skilled courtroom advocacy, including effective cross-examination, clear and persuasive arguments, and strategic objections. In conclusion, section 587(3) of the Criminal Code of Canada is an important provision that outlines the process for delivering a particular to an accused person or their counsel. To maximize the chance of success, accused persons and their counsel must carefully consider the strategic implications of this provision, including timing, disclosure, amendments, defence strategy, and courtroom advocacy. Employing the right strategies can help to mitigate the impact of a particular charge and ensure that the accused person receives a fair trial.