section 603

INTRODUCTION AND BRIEF DESCRIPTION

An accused has the right to inspect and obtain copies of evidence, their own statement, and the indictment upon payment of a fee, without causing a delay in the trial unless lack of diligence is established.

SECTION WORDING

603 An accused is entitled, after he has been ordered to stand trial or at his trial, (a) to inspect without charge the indictment, his own statement, the evidence and the exhibits, if any; and (b) to receive, on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the province, a copy (i) of the evidence, (ii) of his own statement, if any, and (iii) of the indictment; but the trial shall not be postponed to enable the accused to secure copies unless the court is satisfied that the failure of the accused to secure them before the trial is not attributable to lack of diligence on the part of the accused.

EXPLANATION

Section 603 of the Criminal Code of Canada outlines an accused person's right to access certain documents and evidence during and after their trial. This right is crucial for ensuring that the accused is able to effectively defend themselves against the charges they are facing. Under this section, once an accused person has been ordered to stand trial or is at their trial, they have the right to inspect, free of charge, the indictment, their own statement, any evidence gathered against them, and any exhibits that will be presented by the prosecution. In addition, they can also obtain copies of the evidence, their own statement, and the indictment, but they must pay a reasonable fee as determined by a tariff of fees approved by the Attorney General of the province. Importantly, the trial cannot be postponed simply to allow the accused to obtain copies of these documents, unless the court is satisfied that the reason the accused was unable to obtain them earlier was not due to the accused's lack of diligence. In sum, Section 603 is designed to safeguard an accused person's right to a fair trial by ensuring that they have access to the evidence being used against them and are able to review it in a timely and cost-effective manner.

COMMENTARY

Section 603 of the Criminal Code of Canada provides an important right for accused individuals: the right to access materials relevant to their criminal case. This section outlines the specific materials that an accused person is entitled to inspect or receive a copy of, as well as the conditions under which they may do so. Under this section, an accused person is entitled to inspect without charge the indictment, their own statement, the evidence, and any exhibits that may be relevant to their case. This is a critical right, as it enables the accused person to review the evidence against them and better understand the case being made by the Crown. In addition to the right to inspect the materials listed above, an accused person is also entitled to receive a copy of the evidence, their own statement (if applicable), and the indictment. However, there is a fee associated with receiving copies, which is determined by a tariff of fees approved by the Attorney General of the province. This fee is reasonable and intended to cover the costs associated with providing copies of these materials. It is worth noting that the trial will generally not be postponed in order to allow the accused person to obtain these materials, unless the court is satisfied that the accused person was unable to obtain them due to circumstances beyond their control and that they acted with diligence in attempting to obtain them. This provision is designed to ensure that cases proceed in a timely manner and to avoid unnecessary delays. Overall, Section 603 of the Criminal Code of Canada is an important protection for accused individuals, as it enables them to understand the evidence against them and to participate fully in their own defence. It is critical that these rights be respected and that accused individuals are given the opportunity to exercise them fully. By doing so, we can ensure that the justice system is fair and transparent, and that all parties are able to make informed decisions about their case.

STRATEGY

Section 603 of the Criminal Code of Canada grants the accused the right to inspect the indictment, own statement, evidence, and exhibits for free and also purchase evidence, own statement, and indictment copies from the court for a reasonable fee. This section can significantly impact the outcome of a trial, and lawyers on both sides must strategize to take advantage of the section's protections while avoiding any pitfalls that may arise. One of the strategic considerations when dealing with Section 603 is ensuring that the accused inspects the documents as soon as possible. Inspecting these documents could prove beneficial to the accused or their lawyers in identifying weaknesses in the Crown's case, such as inconsistencies in the evidence or discrepancies between the evidence and the indictment. This could help in negotiating a plea deal or mounting a successful defense in court. Another strategy is ensuring that the accused pays a reasonable fee to obtain copies of the evidence, own statement, and indictment timely. By obtaining these documents, the accused or their lawyers can create a stronger case strategy that includes analyzing the prosecution's case and identifying possible weaknesses early on. Failure to secure copies before the trial could result in the trial being postponed to enable the accused to secure them unless the court is satisfied that the lack of diligence is not the accused's fault. In cases where the prosecution has a weak case, the defense may choose to delay obtaining copies of the evidence, own statement, or indictment until a later stage in the trial. The defense could use this delay as leverage during plea bargaining or negotiations to reduce the charges or secure a lighter sentence. In some cases, the prosecution may choose to limit the scope of the evidence and exhibits provided to the defense or withhold some evidence altogether. This could be due to national security or confidentiality reasons, or the evidence has not been discovered yet. In such situations, the defense may have to argue their case before the court, seeking leave to have access to the withheld materials. Lastly, for lawyers dealing with Section 603, it is critical to ensure that the accused is diligently pursuing Section 603 rights. The court is unlikely to postpone a trial to enable the accused to secure copies of the evidence, own statement, or indictment if the accused has been negligent or not taken reasonable steps to obtain them before the trial. In conclusion, Section 603 of the Criminal Code of Canada provides vital rights to the accused to inspect and obtain copies of the indictment, own statement, and evidence. Lawyers must ensure that their clients' rights are protected under this section while using it to their advantage to create stronger defense strategies.