Criminal Code of Canada - section 657.1(3) - Notice of intention to produce affidavit or solemn declaration

section 657.1(3)

INTRODUCTION AND BRIEF DESCRIPTION

The prosecutor must provide the accused with a copy of any affidavit or solemn declaration before trial or other proceedings, unless the court orders otherwise.

SECTION WORDING

657.1(3) Unless the court orders otherwise, no affidavit or solemn declaration shall be received in evidence pursuant to subsection (1) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy of the affidavit or solemn declaration and reasonable notice of intention to produce it in evidence.

EXPLANATION

Section 657.1(3) of the Criminal Code of Canada pertains to the use of affidavits or solemn declarations in criminal trials. It states that unless the court orders otherwise, such documents cannot be entered into evidence unless the prosecutor has provided the accused with a copy of the document and reasonable notice of their intention to use it in court. This section aims to protect the rights of the accused by ensuring that they have adequate time to review and respond to any evidence brought against them. By requiring prosecutors to provide notice and a copy of the evidence, defendants can prepare their defence and have a fair opportunity to challenge the evidence presented. This section also recognizes the importance of the courts in overseeing the use of evidence in criminal proceedings. By allowing the court to order otherwise, it provides flexibility in certain situations where the need for an affidavit or declaration may be urgent or where a strict adherence to this section may hinder the course of justice. Overall, Section 657.1(3) emphasizes the importance of fairness and procedural justice in criminal proceedings, ensuring that the accused is given a fair opportunity to defend themselves and that the courts are empowered to monitor the use of evidence.

COMMENTARY

Section 657.1(3) of the Criminal Code of Canada sets out the procedures that must be followed in order for an affidavit or solemn declaration to be admissible as evidence in criminal proceedings. Specifically, it requires that before the trial or other proceeding, the prosecutor must give a copy of the affidavit or solemn declaration to the accused and provide reasonable notice of intent to produce it in court. Additionally, the court may order that the affidavit or solemn declaration not be admitted into evidence for any reason. The purpose of this section is to ensure that the accused is given adequate notice of any evidence that the prosecutor plans to use against them in court and to provide the accused with an opportunity to challenge the evidence if necessary. As a result, this section helps to protect the rights of the accused and promotes fairness and transparency in the criminal justice system. One of the key provisions of this section is the requirement that the prosecutor provide reasonable notice to the accused before the trial or other proceeding. This is important because it allows the accused to prepare their defense and to ensure that they have access to all relevant evidence. It also helps to prevent surprise evidence from being introduced in court, which can be unfair to the accused and can undermine the reliability of the criminal justice system as a whole. Another important provision of this section is the requirement that the court may order that the affidavit or solemn declaration not be admitted into evidence. This provides the court with a measure of discretion to exclude evidence that may be prejudicial or unreliable, and helps to ensure that only the most credible and relevant evidence is presented in court. Overall, Section 657.1(3) plays an important role in ensuring that criminal proceedings are conducted fairly and transparently, and that all parties involved have access to the evidence they need to make their case. By requiring the prosecutor to provide notice and ensure that the accused has access to all relevant evidence, this section helps to protect the rights of the accused and promote a fair and just criminal justice system.

STRATEGY

Section 657.1(3) of the Criminal Code of Canada provides for the admissibility of affidavits and solemn declarations as evidence in criminal proceedings. The section highlights the need for the prosecutor to disclose copies of the affidavits or declarations to the accused and provide them with reasonable notice of their intention to produce them in evidence. In this paper, we explore the strategic considerations that a prosecutor and an accused person may have to consider when dealing with section 657.1(3) of the Criminal Code of Canada and the potential strategies that could be employed. When dealing with section 657.1(3), it is essential for both the prosecutor and the accused person to understand the implications of the provisions regarding the admissibility of affidavits and solemn declarations. Prosecutors should be aware that they have a duty to disclose copies of the affidavits or declarations to the accused person and provide reasonable notice of their intention to produce them in evidence. Failure to do so may lead to the inadmissibility of the evidence, which could weaken their case. On the other hand, the accused person should understand that they have a right to receive copies of the affidavits or declarations and reasonable notice of the prosecutor's intent to produce them in evidence. It is crucial for them to examine the evidence and determine its implications on their case. If the affidavits or declarations contain critical information that could weaken their defense, they may have to develop new strategies to deal with the evidence and bolster their defense. One strategy that the prosecutor can use when dealing with section 657.1(3) is to present the affidavits or declarations as early as possible during the trial proceedings. By doing so, the prosecutor provides the accused person with ample time to examine the evidence and prepare their defense. Early presentation of the evidence can also help the prosecutor avoid any objections raised by the accused person regarding the timing of the evidence presentation. Another strategy that the prosecutor may consider is seeking an order from the court allowing them to submit an affidavit or declaration as evidence without giving prior notice to the accused person. This strategy may apply in cases where the prosecutor has reason to believe that the accused person may tamper with or destroy the evidence if given prior notice. However, the court would have to consider several factors before granting such an order, including whether the prosecution acted in good faith and whether the accused's rights would be infringed by such an order. The accused person can also use various strategies when dealing with section 657.1(3). They can request copies of the affidavits or declarations as early as possible during the trial proceedings to prepare their defense. The accused person may also challenge the admissibility of the evidence if the prosecutor fails to provide copies of the evidence or give reasonable notice of their intent to produce it. If the evidence is deemed inadmissible, the accused person's defense is strengthened. Moreover, the accused person can challenge the contents of the affidavits or declarations by seeking to cross-examine the affiants during the trial proceedings. They can also raise objections to any hearsay evidence that may be contained in the affidavits or declarations, arguing that such evidence is unreliable and should not be admissible. In conclusion, section 657.1(3) of the Criminal Code of Canada serves an essential role in regulating the admissibility of affidavits and solemn declarations in criminal proceedings. Both the prosecutor and the accused person should understand the provisions of the section and develop appropriate strategies to deal with the evidence presented. Overall, a comprehensive understanding of the section enhances a prosecutor's and the accused person's defense strategy.