section 601(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows courts to amend an indictment or count to reflect evidence presented during trial.

SECTION WORDING

601(2) Subject to this section, a court may, on the trial of an indictment, amend the indictment or a count therein or a particular that is furnished under section 587, to make the indictment, count or particular conform to the evidence, where there is a variance between the evidence and (a) a count in the indictment as preferred; or (b) a count in the indictment (i) as amended, or (ii) as it would have been if it had been amended in conformity with any particular that has been furnished pursuant to section 587.

EXPLANATION

Section 601(2) of the Criminal Code of Canada allows for a court to make amendments to an indictment or count if there is a variance between the evidence presented to the court and what is specified in the indictment or count. This gives the court the flexibility to ensure that the accused is properly charged and that justice is served. The section applies to cases where there is a discrepancy between the indictment or count in the original charging document and the evidence produced during the trial. For instance, if the accused is charged with theft, but testimony during the trial shows that they were actually involved in fraud, the court may amend the charge to reflect that reality. The section also allows for the court to make amendments even if the indictment or count has already been amended or presented in accordance with the furnished particulars. This means that the court can always ensure that the charge against the accused is as accurate as possible based on the evidence. This section plays an important role in the fair administration of justice, as it ensures that the accused is charged and tried based on accurate and relevant evidence, rather than just what was originally stated in the indictment or charging document. It allows for the court to address any errors or inaccuracies in the original charges, which ultimately helps to ensure that justice is served fairly and accurately.

COMMENTARY

Section 601(2) of the Criminal Code of Canada provides the court with the power to amend an indictment, a particular, or a count therein to make it conform to the evidence. This provision is essential because it ensures that justice is served by allowing the court to rectify any irregularities or inaccuracies presented in the indictment. Indictments are the charging documents used in criminal proceedings, laying out the criminal allegations against an accused person. They must be precise and accurate, so there is no confusion about the offences being prosecuted, and so that the accused person has a clear understanding of the charges they face. However, there may be instances where the evidence presented at trial does not match the indictment's charges. It could either be because the indictment was poorly crafted, or because the evidence presented shows a variance between the charges and the actual occurrence. This is where this section becomes crucial, as it allows the charge to be amended to account for the new evidence. The power to amend an indictment is vital to the administration of justice as it enables the court to adapt to the changing landscape of a trial and to ensure that the trial remains fair to both the prosecution and the accused. If a court were not permitted to amend an indictment, the trial could be prejudiced, and justice would not be served. However, there are limitations to the court's power to amend an indictment. The court cannot amend an indictment to add a new offence, as that would violate the accused's fundamental right to know the charges they are facing and to prepare an adequate defence. The court also cannot amend the indictment to change the nature of the offence or its essential elements, as that too would violate the accused's right to know what they are being charged with from the beginning of the proceedings. Despite these limitations, section 601(2) remains an essential provision in the Criminal Code of Canada, as it balances the need for a precise and accurate indictment with the need for fair and accurate trials. The provision ensures that both the prosecution and the accused are on an equal playing field, enabling the trial to be founded on the most accurate and current evidence available. In summary, section 601(2) is a vital part of the Canadian criminal justice system. It strikes a delicate balance between the need for precise and accurate indictments and the need for fair and accurate trials. Its importance cannot be overstated, as it ensures that justice is served in criminal proceedings.

STRATEGY

Section 601(2) of the Criminal Code of Canada provides the court with the power to amend an indictment or count to make it conform with the evidence presented in court. This provision plays a significant role in criminal trials where the evidence presented at trial does not match the indictment. It is therefore important for lawyers to consider a number of strategic considerations when dealing with this section of the Criminal Code. One strategy that a lawyer could consider when dealing with section 601(2) is to carefully evaluate the evidence that has been presented at trial. This evaluation should be done in relation to the specific count or counts that are in question. If there is a variance between the evidence and the count, the lawyer may seek to amend the indictment or count to make it conform to the evidence. This strategy is particularly effective when there is strong evidence that supports the amendment of the indictment or count. Another strategy that a lawyer could employ when dealing with section 601(2) is to engage with the Crown prosecutor in advance of the trial. The lawyer may wish to approach the Crown prosecutor to discuss the possibility of amending the indictment or count prior to the trial. A collaborative approach can potentially save time, money, and resources, as it can avoid the need for an application to amend the indictment or count during the trial. A third strategy that a lawyer could consider when dealing with section 601(2) is to evaluate the potential impact of amending the indictment or count on the overall case theory. The lawyer may wish to consider the potential impact of the amendment on the overall case theory, the credibility of witnesses and other evidence. It is important to consider whether amending the count might weaken the strength of the case, or conversely, whether it might strengthen the case and lead to a more favorable outcome. Finally, a lawyer may wish to consider the possible risks associated with amending the indictment or count. These risks could include the potential for the amendment to be viewed as an abuse of process or a violation of the accused's rights. The lawyer must therefore consider carefully whether to seek an amendment, taking into account the potential consequences. In conclusion, section 601(2) is an important provision in criminal trials where the evidence presented does not match the indictment. Lawyers must consider strategically how to approach the amendment of an indictment or count in such cases. Some strategies that lawyers could employ include careful evaluation of the evidence, collaborative engagement with the Crown prosecutor, evaluation of the impact on the overall case theory, and consideration of the potential risks associated with amending the indictment or count. Ultimately, a strategic approach to dealing with section 601(2) can play a crucial role in determining the success or failure of a criminal trial.