INTRODUCTION AND BRIEF DESCRIPTION
Previous decisions related to disclosure, admissibility of evidence, and the Canadian Charter of Rights and Freedoms continue to apply if made before an order is issued, unless it would not be in the interests of justice.
SECTION WORDING
591(4.2) Unless the court is satisfied that it would not be in the interests of justice, the decisions relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that are made before any order issued under subsection (3) takes effect continue to bind the parties if the decisions are made — or could have been made — before the stage at which the evidence on the merits is presented.
EXPLANATION
Section 591(4.2) of the Criminal Code of Canada deals with the admissibility of evidence in criminal proceedings. This section explains that any decisions made regarding the disclosure or admissibility of evidence, as well as decisions made concerning the Canadian Charter of Rights and Freedoms, before an order is issued under subsection (3), will continue to bind the parties involved in the case, unless the court determines that it would not be in the interests of justice to do so. In practical terms, this means that decisions regarding the admissibility of evidence or Charter issues made early on in a court proceeding will remain in effect even if an order is issued later in the case. For example, if a court makes a decision regarding the admissibility of a particular piece of evidence before an order is issued, that decision will still be binding on the parties even if the order is issued later in the case. On the other hand, if the court determines that it would not be in the interests of justice to continue to apply a previous decision, it may choose to set the decision aside and make a new determination based on the current circumstances of the case. Overall, Section 591(4.2) is an important provision of the Criminal Code of Canada that ensures consistency and fairness in the handling of evidence and Charter issues in criminal proceedings.
COMMENTARY
Section 591(4.2) of the Criminal Code of Canada is a provision that governs the admissibility of evidence in criminal proceedings. This provision was introduced in 2002 by the federal government to address concerns about the admissibility of evidence obtained through Charter violations. Specifically, this provision aims to balance the rights of the accused with the public interest in the administration of justice. The provision states that unless the court is satisfied that it would not be in the interests of justice, decisions relating to the disclosure or admissibility of evidence or the Charter made before any order issued under subsection (3) takes effect continue to bind the parties if the decisions are made -- or could have been made -- before the stage at which the evidence on the merits is presented. This means that if a decision has already been made regarding the admissibility of evidence before the trial proper begins, that decision will continue to be binding on the parties, provided that the court finds it to be in the interests of justice. The provision is intended to promote efficiency in criminal proceedings by preventing parties from re-litigating issues that have already been decided. For example, if a court has already ruled that certain evidence is inadmissible due to a Charter violation, it is assumed that this decision will only be revisited if the court deems it necessary in the interests of justice. At the same time, however, this provision leaves open the possibility that a court may revisit a decision if it is deemed necessary. This flexibility is important to ensure that the interests of justice are served in each individual case. For instance, if new evidence comes to light that affects the admissibility of previously excluded evidence, a court may decide to revisit its earlier decision. Overall, section 591(4.2) serves an important purpose in balancing the rights of the accused with the interests of justice in criminal proceedings. It promotes efficiency and finality in litigation while allowing for flexibility where necessary. It is an example of the fine balance that must be struck in the administration of justice in a democratic society.
STRATEGY
Section 591(4.2) of the Criminal Code of Canada establishes that decisions concerning the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms made before any order issued under subsection (3) takes effect will continue to bind the parties, unless the court determines that it would not be in the interests of justice. This section is particularly relevant during pre-trial procedures, such as preliminary hearings and voir dires, as well as during trials. One strategic consideration when dealing with this section of the Criminal Code is to ensure that all disclosure and Charter-related issues are raised and decided before the stage at which evidence on the merits is presented. This can avoid the risk of losing the opportunity to have these issues dealt with in favor of their admissibility. For example, if a party fails to challenge the admissibility of evidence during a voir dire and the court subsequently determines that it is admissible, Section 591(4.2) would likely preclude the party from raising the issue at trial. Another strategic consideration is to carefully weigh the potential benefits and risks of challenging the admissibility of evidence or a Charter violation. If the evidence is critical to the Crown's case, for example, challenging its admissibility may prompt the Crown to offer a plea bargain or even withdraw the charges. On the other hand, if the evidence is not necessary for the Crown to prove the charges beyond a reasonable doubt, a challenge may be more beneficial. Strategies that could be employed when dealing with Section 591(4.2) include conducting thorough pre-trial preparation and investigation to identify any potential disclosure or Charter-related issues, retaining experienced counsel with expertise in criminal law and the Canadian Charter of Rights and Freedoms, and carefully considering whether to challenge the admissibility of evidence or a Charter violation based on the specific circumstances of the case. Overall, while Section 591(4.2) can be complex and present strategic considerations and challenges, its purpose is to ensure that parties are held accountable for making disclosure and Charter-related arguments within a reasonable timeframe and that decisions made early in the proceedings are not easily overturned at later stages. Therefore, it is crucial to be aware of this section and to carefully consider its implications when developing a legal strategy.