INTRODUCTION AND BRIEF DESCRIPTION
The accused or their counsel may choose to open the defense, examine witnesses, and sum up evidence in court.
SECTION WORDING
651(2) Counsel for the accused or the accused, where he is not defended by counsel, is entitled, if he thinks fit, to open the case for the defence, and after the conclusion of that opening to examine such witnesses as he thinks fit, and when all the evidence is concluded to sum up the evidence.
EXPLANATION
Section 651(2) of the Criminal Code of Canada is a provision that outlines the rights of the accused and their counsel during a trial. The section states that if the accused has counsel or is self-represented, they are entitled to open the case for the defence. This means that they can make an initial statement to the court outlining their defence strategy and the evidence they plan to present. Additionally, the accused or their counsel has the right to examine witnesses as they see fit. This allows them to question witnesses and introduce evidence that supports their case. The section also gives the accused or their counsel the right to sum up the evidence at the conclusion of the trial. Overall, section 651(2) is an important provision as it ensures that the accused has the right to a fair trial and the ability to present their case effectively. It allows the accused or their counsel to outline their defence strategy and introduce evidence that supports their case. This helps to ensure that the trial is fair and just, and that the accused is given every opportunity to prove their innocence.
COMMENTARY
Section 651(2) of the Criminal Code of Canada lays down the procedural rules for the defence in a criminal trial. The section entitles the counsel for the accused or the accused, if he is unrepresented, to "open the case for the defence," examine witnesses, and sum up the evidence. This entitlement is significant as it provides the accused with a fair trial and an opportunity to present their side of the story. The opening statement for the defence is crucial to the case as it enables counsel to set out their version of events, their theory of the case, and their strategy for the trial. It allows them to challenge the prosecution's narrative, create doubt in the minds of the jury, and provide context to the evidence that will be presented. This initial statement also sets the tone and direction for the rest of the defence's presentation of evidence. The examination of witnesses by the defence is also essential to the trial. Witnesses can provide critical evidence from the perspective of the accused, which might not have been presented fully or accurately by the prosecution. The defence also has the power to call witnesses that the prosecution has not presented. Examining witnesses also enables the defence to challenge the prosecution's evidence, identify inconsistencies and omissions in their statements, and bring up any doubts the defence might have about the veracity of their testimony. Similarly, the defence's right to sum up the evidence is their opportunity to analyse and critique the prosecution's case. The accused's defence counsel can review all the evidence presented at trial and analyse it from their client's perspective. The defence can call attention to any discrepancies, point out weaknesses in the prosecution's case, and highlight any gaps in the prosecution's evidence. These rights granted to the defence balance the scales of justice and help to ensure that the accused receives a fair trial. The power to call witnesses and examine them, the right to open the case for the defence, and the opportunity to sum up the evidence allows for transparency in the court process and ensures that all the evidence is considered before a verdict is reached. These rights are increasingly important, given the higher stakes of criminal trials, including lengthy prison sentences, reputational damage, and life-altering consequences. However, while these rights are critical to fair trials, they are also a double-edged sword. The trial system is based on the premise that both parties present their versions of events, and the jury decides the verdict based on the evidence presented. However, this can also allow a guilty person to manipulate the system, fabricating a defence with little or no basis in reality. The defence can bring up points that are not relevant and confuse the jury that can result in the acquittal of the accused, which can be especially concerning when the crime is a severe criminal offence. In conclusion, the rights granted by section 651(2) of the Criminal Code of Canada to the defence serve as a crucial element of the criminal justice system. While it balances the scales of justice and ensures a fair trial for the accused, these rights need to be weighed against the possibility of an innocent person being convicted. It is the prosecutor's responsibility to ensure that a person is not unjustly convicted, just as it is the defence's responsibility to ensure their client receives a fair trial. With these safeguards in place, the criminal justice system can maintain its integrity and objectivity.
STRATEGY
Section 651(2) of the Criminal Code of Canada is a critical legislation that defines the role of the defense counsel in a criminal trial. This section grants immense flexibility to the defense counsel, allowing them to tailor their defense strategy to fit the unique circumstances of a case. However, with this flexibility comes a correspondingly high degree of responsibility. Defense counsel must exercise considerable skill and judgment to use this section to its fullest effect. One of the most critical strategic considerations when dealing with section 651(2) is the importance of opening the case for the defense. This is a key opportunity for the defense to set the tone of the trial, introduce key arguments, and establish credibility. Defense counsel must prepare a strong and persuasive opening argument and consider their timing carefully. It is also essential to consider the type and number of witnesses to be called during the defense's case. Defense Counsel must identify key witnesses with relevant testimony and prepare them for their testimony, drawing out as many favorable details as possible. It is often wise to introduce witnesses who can counterbalance the prosecution's evidence, painting a fuller and more accurate picture of the case. Given the high degree of discretion granted by section 651(2), it is also essential to consider the specific nuances of each individual criminal case. Defense Counsel must assess the strengths and weaknesses of the prosecution's case, identify its gaps or holes, and determine the most effective manner to address them. It may be more effective to challenge the prosecution's case directly, point by point, or shape a more comprehensive narrative that offers an alternative explanation for the evidence presented by the prosecution. Overall, defense counsel must exercise a high degree of judgment and skill to make the most effective use of section 651(2). By preparing a strong opening argument, presenting persuasive testimony, and adapting their approach to suit the specific circumstances of each case, defense counsel may be able to successfully counterbalance the prosecution's case and improve their client's outcome.