Criminal Code of Canada - section 652(2) - Directions to prevent communication

section 652(2)

INTRODUCTION AND BRIEF DESCRIPTION

A judge may give directions to prevent communication with the jury during a view, but failure to comply does not affect the validity of the proceedings.

SECTION WORDING

652(2) Where a view is ordered under subsection (1), the judge shall give any directions that he considers necessary for the purpose of preventing undue communication by any person with members of the jury, but failure to comply with any directions given under this subsection does not affect the validity of the proceedings

EXPLANATION

Section 652(2) of the Criminal Code of Canada deals with the precautions that a judge should take to prevent any kind of undue communication between the members of the jury and any other person. This provision is essential to ensure that the juror remains unbiased and makes a fair judgment based only on the evidence presented in the trial. According to this section, if a judge orders a view under subsection (1), then he must give appropriate directions to ensure that no person communicates with the jury unduly. These directions might be given in the form of warning the jury about the consequences of communicating with an outsider or restricting the access to the jurors' chamber. However, even if a juror fails to comply with these directions, it does not invalidate the proceedings. This means that failing to comply with the directions is not a ground for challenging the verdict given by the jury. This provision is crucial as it ensures that the jury can make an unbiased decision based solely on the evidence presented in the court. In addition, it keeps the jurors safe from any kind of undue influence from the outside. Overall, Section 652(2) plays a significant role in ensuring that the judicial system in Canada functions with fairness and justice. It gives authority to the judge to maintain the decorum of the court and safeguard the integrity of the jury trial system.

COMMENTARY

Section 652(2) of the Criminal Code of Canada is a provision that outlines the responsibilities of a judge when ordering a view of the scene during a trial. A view of the scene can be ordered at the discretion of a judge, and it allows the jury to see firsthand the location where the crime occurred. The purpose of this provision is to ensure that the proceedings are conducted in a fair and transparent manner. The provision requires that the judge provide necessary directions to prevent undue communication by any person with members of the jury during the view. The reason for this is to prevent any outside influence on the jury that could sway their decision one way or the other. Such influence could come from members of the public, the media, or even parties involved in the trial itself. The judge's directions may include restrictions on where the jury can go during the view, who they can talk to, and what they can discuss. For example, the judge may direct that the jury is not allowed to speak to any witnesses or parties involved in the trial during the view. Additionally, the judge may order that the view only occur during business hours when the location is closed to the public. It is important to note that failure to comply with any directions given under this subsection does not affect the validity of the proceedings. This means that even if an individual disregards the judge's directions and communicates with a member of the jury during the view, the trial does not become invalid. However, such actions could be considered contempt of court and result in penalties or other legal consequences. Overall, Section 652(2) is an essential provision in ensuring that trials are conducted in a fair manner. By providing necessary directions to prevent undue communication during the view, the judge is taking steps to prevent any outside influence on the jury's decision. This provision is an excellent example of how the Criminal Code of Canada seeks to protect the integrity of the justice system, ensuring that justice is served in a fair and transparent manner.

STRATEGY

Section 652(2) of the Criminal Code of Canada highlights the importance of preventing undue communication with the members of the jury during a criminal trial. The section empowers the presiding judge to give directions to prevent such communication, but failure to comply with such directions does not affect the validity of the proceedings. This provision presents strategic considerations for both the prosecution and defence teams, which will influence their actions throughout the trial. Strategic considerations for prosecution: The prosecution has the burden of proof, and their objective is to secure a conviction. To achieve this objective, they must consider the following in light of section 652(2): - Jury Selection: The prosecution must exercise due diligence in the jury selection process. This involves ensuring that potential jurors have no connection to the accused, the victim, or the witnesses. Additionally, the jurors should have no preconceived biases or opinions regarding the case. Such considerations lower the likelihood of jury misconduct, which could lead to undue communication with the jurors. - Witness Management: The prosecution should manage its witnesses effectively. Witnesses must not discuss their testimony with jurors or non-parties. If a witness violates this rule, the prosecution must report such misconduct to the presiding judge, who may take appropriate action. Also, witnesses must not contact jurors, whether directly or indirectly. - Sequestration of Jury: If an order for a view under subsection (1) is made, the prosecution must consider the implications of sequestration of the jury. Sequestration involves isolating the jury from the public and the media during the trial. While sequestration serves the objective of preventing undue communication with jurors, it may also affect the mental and emotional health of jurors and their families. Therefore, prosecutors must weigh the benefits and drawbacks of sequestration. Strategic considerations for defence: The defence team has the objective of securing an acquittal for the accused. To achieve this objective, they must consider the following in light of section 652(2): - Jury Selection: The defence must also exercise due diligence in the jury selection process. This includes ensuring that potential jurors do not have any preconceived biases or opinions regarding the case. Additionally, the defence team must select jurors who may be sympathetic to their position without unduly influencing or communicating with the jurors. - Witness Management: The defence must manage its witnesses effectively. Witnesses must not discuss their testimony with jurors or non-parties. If a witness violates this rule, the defence must report such misconduct to the presiding judge, who may take appropriate action. The defence must also ensure that witnesses do not contact jurors, whether directly or indirectly. - Jury Communication: The defence team must ensure that they do not violate the provision by communicating with any of the jurors during the trial. The defence team must not influence the jurors by means of improper communication, including through social media, letters, or other indirect means. Any violation of this rule may lead to the conflict of interest of the accused and the eventual invalidation of the proceedings. Strategies that could be employed include: - Request the Elimination of a Sequestration Order: A sequestration order may unduly isolate jurors from their families and the public, leading to mental and emotional stress. As such, the defence may request the elimination of such an order. - Voir Dire: The voir dire process seeks to identify potential biases and prejudices of the jury. The defence may employ this process to identify jurors who are sympathetic to their position and who may be less likely to communicate with the jurors. - Request a Publication Ban: The defence may request a publication ban on the proceedings to prevent undue influence on the jury by the media. In conclusion, Section 652(2) of the Criminal Code of Canada is a crucial provision in preventing undue communication with jurors during a criminal trial. Prosecution and defence teams must be aware of their obligations regarding this section and take appropriate strategies to avoid any negative consequences. Ultimately, the objective of both teams is to ensure the fairness and validity of the criminal proceedings.