section 590(2)

INTRODUCTION AND BRIEF DESCRIPTION

An accused can apply to amend or divide a count if it includes alternative charges or is double/multifarious and is causing embarrassment to their defence.

SECTION WORDING

590(2) An accused may at any stage of his trial apply to the court to amend or to divide a count that (a) charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that describes the offence or declares that the matters, acts or omissions charged are an indictable offence, or (b) is double or multifarious, on the ground that, as framed, it embarrasses him in his defence.

EXPLANATION

Section 590(2) of the Criminal Code of Canada deals with the ability of an accused to apply to the court to amend or divide a count during their trial. This section applies in situations where the count charges in the alternative different matters, acts or omissions that are stated in the enactment that describes the offence or declares that the matters, acts or omissions charged are an indictable offence or when the count is double or multifarious. The purpose of this section is to ensure that an accused person is not unfairly prejudiced or embarrassed in their defence due to the wording of the count. For example, if a count charges an accused person with multiple offences in a single count, it may make it difficult for the accused to properly defend themselves against each of the charges. The court may therefore allow the accused to apply to have the count divided into separate counts, so that they can address each charge individually and without confusion. This section also allows an accused to apply to amend a count if they believe that the wording of the count is inadequate or incorrect. An accused may wish to amend a count in order to ensure that it accurately reflects the charges against them. Overall, section 590(2) is an important provision in the Criminal Code of Canada that helps ensure that accused persons have a fair trial and are able to properly defend themselves against the charges they face.

COMMENTARY

Section 590(2) of the Criminal Code of Canada provides an accused person with the opportunity to apply to the court to amend or divide a count at any stage of their trial. This section applies in two scenarios: (a) when the count charges different matters that are stated in the alternative in the enactment that describes the offence or declares that the matters charged constitute an indictable offence and (b) when the count is double or multifarious and, as framed, it embarrasses the accused in their defence. The first scenario pertains to counts that include different matters, acts, or omissions that are stated in the alternative in the enactment that describes the offence. For instance, an accused person may be charged with committing theft, fraud, or embezzlement. Suppose the accused believes that the count is overly broad or that the prosecutor has not sufficiently stated the particular matters, acts, or omissions that they are alleged to have committed. In that case, the accused can apply to the court to amend or divide the count, which may lead to a more accurate and fair representation of the charges against them. The second scenario relates to counts that are double or multifarious, meaning that they contain more than one charge. This scenario is especially relevant when the count combines several different actions that may not be related or that rely on different evidence. For instance, an accused person may be charged with robbery and obstructing justice in the same count. In such a case, the accused may believe that the combined count prejudices their defence, making it more difficult to contest each charge separately. By applying to the court to divide or amend the count, an accused can seek to ensure that each charge is handled separately, which may lead to a more fair and accurate trial. Overall, section 590(2) serves to protect an accused person's right to a fair trial by enabling them to apply to the court to amend or divide a count that they believe is overly broad, multifarious, or prejudicial. This section promotes clarity and fairness in the criminal justice process by ensuring that an accused person's defence is not compromised by the wording or structure of a count. As such, section 590(2) is an important procedural tool that helps to safeguard the integrity of the criminal justice system.

STRATEGY

Section 590(2) of the Criminal Code of Canada allows an accused person to apply to the court for the amendment or division of a count that is considered double or multifarious or charges different matters in an alternative manner. This provision may play a significant role in criminal proceedings, and strategic considerations need to be taken into account when dealing with this section. One of the strategic considerations relates to the type of amendment or division sought by the accused. For instance, an accused may seek to amend the charge to a lesser charge that carries a lighter sentence or to divide the count so that separate trials may be held for each count. The decision on the type of amendment or division to seek depends on the strength of the evidence, the available defences, and the expected outcome of the trial. Another strategic consideration when dealing with section 590(2) is timing. An accused should apply for an amendment or division at the appropriate stage of the trial. Applying too late may result in the court refusing the application, while applying too early may result in the accused losing an advantage or concession. The accused should also consider the impact of an amendment or division on the case as a whole. In some instances, an amendment or division may weaken the case, while in others, it may strengthen it. Assessing the impact requires a thorough understanding of the evidence, the law, and the possible defences available. The accused should also be prepared to face objections from the prosecution. The prosecution may argue that the charge is not double or multifarious, or that the amendment or division would prejudice its case. The accused needs to anticipate and answer the prosecution's objections strategically. One strategy that could be employed when dealing with section 590(2) is to negotiate a plea bargain with the prosecution that involves amending or dividing the charge. The accused could agree to plead guilty to a lesser charge or some of the counts, and in return, the prosecution agrees to amend or divide the charge. In conclusion, section 590(2) of the Criminal Code of Canada provides an important avenue for accused persons to seek amendments or divisions of the charges against them. Strategic considerations such as the type of amendment or division sought, timing, impact on the case, and responding to the prosecution's objections are crucial for a successful application under this section. Employing strategic negotiations and plea bargains are also viable strategies.