INTRODUCTION AND BRIEF DESCRIPTION
A judge in a non-jury trial may delay a final decision on any issue raised and the decision will be considered part of the trial.
SECTION WORDING
645(4) A judge, in any case tried without a jury, may reserve final decision on any question raised at the trial, or any matter raised further to a pre-hearing conference, and the decision, when given, shall be deemed to have been given at the trial.
EXPLANATION
Section 645(4) of the Canadian Criminal Code gives judges presiding over non-jury trials the authority to reserve their decision on any issue raised during the proceedings. This means that if a question arises during the trial or prior to it at a pre-hearing conference, the judge can choose to delay their ruling on the matter until a later time. Once the judge has made their final decision, it will be considered as if it was given during the trial itself. This provision is significant because it allows judges to take their time and fully consider complex legal issues before making a decision. It also gives them the ability to gather more evidence or seek further submissions from the parties involved. This can help ensure that judgments are more accurate and fair. However, this provision can also cause delays in the administration of justice. While delaying a ruling may be necessary in some cases, it can also prolong the legal process and increase costs for both the parties involved and the justice system as a whole. Overall, section 645(4) of the Criminal Code of Canada provides judges with a valuable tool to ensure that the justice system operates fairly and judiciously. However, it also requires judges to use their discretion wisely and balance the need for accuracy with the need for a timely resolution of legal disputes.
COMMENTARY
Section 645(4) of the Criminal Code of Canada allows a judge to reserve a final decision on any question or matter raised during a trial that is conducted without a jury. The decision, when given, is deemed to have been given at the trial itself. This provision grants a judge the authority to delay making a final ruling on a legal issue until they have had the opportunity to consider all evidence, arguments, and case law relevant to the matter at hand. There are several reasons why a judge might choose to exercise the authority granted to them under Section 645(4). For example, there may be complex legal issues that require additional research or consideration that cannot be resolved quickly during the trial itself. Alternatively, the judge may want to review the evidence before making a final decision, particularly if it is contradictory or unclear. This provision is also useful in cases where there are multiple parties or issues to consider, or where there are particularly sensitive issues that require careful deliberation. One of the primary benefits of this provision is that it allows judges to make more informed and legally defensible decisions. By taking the time to carefully consider all relevant information, a judge can ensure that they are making a well-reasoned and legally consistent decision that is in the best interests of justice. This can help to reduce the chances of appeals or other legal challenges, which can be time-consuming, costly, and emotionally taxing for all concerned. Another advantage of Section 645(4) is that it can help to streamline the trial process, particularly in cases where there are multiple parties or issues to consider. By reserving final decision on certain matters, the judge can ensure that the trial proceeds efficiently, without unnecessary delays or interruptions. This can help to reduce the burden on the court system and ensure that justice is served in a timely manner. However, there are potential drawbacks to this provision as well. For example, there is a risk that by delaying a final decision, the judge may inadvertently prejudice one or more parties involved in the trial. This is particularly true if the matter being reserved is a critical issue that could impact the outcome of the trial as a whole. Additionally, there is a risk that by taking too much time to make a decision, the judge may undermine the credibility of the trial or lose the trust of the participants. In conclusion, Section 645(4) of the Criminal Code of Canada provides judges with an important tool for ensuring that justice is served in a fair and informed manner. By allowing judges to reserve final decision on certain questions or matters raised during a trial, this provision enables judges to make more informed and legally defensible decisions. However, it is important for judges to use this authority carefully and responsibly, taking into account the potential risks and benefits of doing so in each case. Ultimately, the goal of Section 645(4) is to ensure that the trial process is fair, efficient, and effective, and that justice is served for all concerned.
STRATEGY
Section 645(4) of the Criminal Code of Canada provides judges with the power to reserve a final decision on any matter raised at trial or during a pre-hearing conference. These decisions are deemed to be given at trial, and judges can use this authority for strategic purposes. In this essay, we will explore various strategies that judges and legal practitioners can use when dealing with this section of the Criminal Code. One strategic consideration is the timing of the decision. A judge may choose to reserve their decision until the end of the trial, allowing them to consider the evidence presented and weigh different arguments before making a final ruling. Alternatively, they may choose to reserve their decision on a particular issue until later in the trial. For example, a judge may reserve their decision on whether or not evidence is admissible until it is presented in court. This can allow for a more efficient trial process, as unnecessary arguments and evidence can be avoided. Another strategy that can be employed is to use a reserved decision as leverage. For example, a judge may choose to reserve their decision on a contentious issue, knowing that it will incentivize the parties to reach a settlement outside of court. This can save time and resources for all involved, and may lead to a more satisfactory outcome for both parties. A third strategy is to use a reserved decision to create an opportunity for appeal. A judge may choose to make a decision on a matter that is controversial or uncertain, knowing that it will be appealed to a higher court. This can be done for a variety of reasons, such as to test the strength of a legal argument or to clarify an area of law that is unsettled. A fourth strategy is to use a reserved decision to maintain impartiality. A judge may reserve their decision on a case until they have had time to review all of the evidence and arguments presented. This can ensure that the judge remains objective and unbiased, as they are not making any decisions until they have carefully considered all aspects of the case. It can also provide an opportunity for judges to consult with colleagues or seek expert advice on complex legal issues, further enhancing the quality of their decision-making. In conclusion, section 645(4) of the Criminal Code of Canada provides judges with a powerful tool for managing trials and making strategic decisions. By reserving decisions on certain matters, judges can save time, incentivize settlement, create opportunities for appeal, maintain impartiality, and ultimately arrive at a more just outcome. Legal practitioners should be aware of these strategies and how they can be employed in different situations to achieve their desired outcomes.