INTRODUCTION AND BRIEF DESCRIPTION
Excluded accused cannot access any part of the proceedings or its records.
SECTION WORDING
672.51(8) No part of the record of the proceedings in respect of which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii) shall be made available for inspection to the accused or to any person who is not a party to the proceedings.
EXPLANATION
Section 672.51(8) of the Criminal Code of Canada is a provision that deals with the confidentiality of proceedings in which an accused person has been excluded. This section makes it clear that no part of the record of such proceedings can be made available for inspection by the accused or any other person who is not a party to the proceedings. This provision is intended to protect the integrity and confidentiality of criminal proceedings, particularly those involving sensitive information or evidence. It is often the case that certain witnesses or evidence may need to be excluded from the proceedings in order to protect the interests of justice, such as to protect the safety of a witness or the identity of a confidential informant. The exclusion of an accused person can be done under subparagraph 672.5(10)(b)(ii) or (iii) of the Criminal Code, which sets out the circumstances under which an accused may be excluded from the proceedings. These circumstances include situations where the accused is disruptive or intimidating to the court or its participants, or where their presence would be prejudicial to the proper administration of justice. While this provision may limit certain rights of the accused, such as their right to access information about the proceedings involving them, it is crucial to ensuring that the administration of justice is carried out fairly and effectively. By protecting the confidentiality of sensitive evidence or information, this provision can prevent interference with the trial process and uphold the rights of all parties involved in criminal proceedings.
COMMENTARY
Section 672.51(8) of the Criminal Code of Canada, which governs the disclosure of trial records, is an important provision of the Canadian criminal justice system that plays a crucial role in protecting the rights of accused persons. The section states that no part of the record of the proceedings in which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii) shall be made available for inspection by anyone who is not a party to the proceedings, including the accused. This provision is designed to maintain the integrity of the trial process and ensure that the accused receives a fair trial. It is essential to note that the section pertains only to the part of the trial where the accused was excluded. This is typically a closed or in-camera proceeding, where the exclusion is necessary to protect sensitive information, such as national security, the safety of victims or witnesses, and the integrity of ongoing investigations. It is pertinent to note that the accused is entitled to information about the proceedings in which they participated. The section aims to balance the need for confidentiality with the accused's right to a fair trial. It acknowledges that sensitive or confidential evidence should not be released publicly due to the potential threat it poses; however, at the same time, recognizes that the accused has a right to access information from the proceedings that can assist in their defense. The section also protects the privacy rights of third parties, particularly witnesses. Witnesses who testify in closed proceedings put their safety at risk, and their personal information should not be available publicly to anyone who is not a party to the proceedings. Access to such information could lead to harmful consequences to the witness, and pose a risk to their well-being and right to privacy. In summary, Section 672.51(8) is an essential provision of the Canadian criminal justice system, which ensures the confidentiality of sensitive information and protects the privacy and safety of witnesses and parties involved in trial proceedings. The provision strikes the necessary balance between the accused's right to a fair trial and the confidentiality requirements of the justice system, and it serves to promote trust in the Canadian legal system.
STRATEGY
Section 672.51(8) of the Criminal Code of Canada is a provision that restricts access to the records of a trial or pretrial proceeding in which the accused was excluded. The provision prevents the accused and third parties from accessing these records. This provision serves to protect the integrity of the judicial process and safeguard the rights of the accused. There are several strategic considerations to bear in mind when dealing with this section of the Criminal Code of Canada. One of the strategic considerations is to ensure that the records are properly classified. Section 672.51(8) restricts access to the records of proceedings from which the accused was excluded. In order to ensure that this provision is enforced, the records need to be properly identified and classified. This will prevent unauthorized individuals from gaining access to the records. Another strategic consideration is to ensure that the records are properly secured. The records of these proceedings often contain sensitive information about the accused, and it is important to ensure that this information does not fall into the wrong hands. Proper security measures, such as access controls and encryption, should be put in place to prevent unauthorized access to the records. A further strategic consideration is to ensure that the records are properly destroyed. Section 672.51(8) prevents the accused and third parties from accessing the records of proceedings from which the accused was excluded. However, this provision does not specify how long the records should be retained. Organizations must ensure that the records are destroyed in a timely and secure manner. In light of the restrictions imposed by Section 672.51(8), several strategies can be employed to ensure that the interests of the accused are protected. One such strategy is to provide the accused with a summary of the proceedings from which he or she was excluded. This summary can assist the accused in preparing his or her defense. Another strategy is to ensure that the accused has access to independent legal counsel. Legal counsel can provide the accused with advice and representation throughout the proceedings. This can ensure that the rights of the accused are protected and that the proceedings are conducted fairly. In conclusion, Section 672.51(8) of the Criminal Code of Canada is an important provision that protects the integrity of the judicial process. Organizations must ensure that the records of proceedings from which the accused was excluded are properly classified, secured, and destroyed. Strategies should also be employed to ensure that the interests of the accused are protected throughout the proceedings. These strategies can help to promote fairness and justice in the criminal justice system.