section 683(2.2)

INTRODUCTION AND BRIEF DESCRIPTION

Sections 714.1 to 714.8 apply to witness examinations and cross-examinations under this section with necessary modifications.

SECTION WORDING

683(2.2) Sections 714.1 to 714.8 apply, with any modifications that the circumstances require, to examinations and cross-examinations of witnesses under this section.

EXPLANATION

Section 683(2.2) of the Criminal Code of Canada deals with examinations and cross-examinations of witnesses during a criminal proceeding. This section refers to Sections 714.1 to 714.8, which specifically relate to the use of video recordings of witness statements in criminal proceedings. The purpose of this section is to ensure that the same rules and procedures that apply to the use of video recordings of witness statements in other criminal proceedings are applied to examinations and cross-examinations of witnesses under Section 683. This ensures that the legal process is fair and consistent for all parties involved, and that witnesses are treated with respect and not subjected to undue pressure or intimidation. The modifications that the circumstances require may vary depending on the specific case, but they generally relate to ensuring that the witness is properly identified and their testimony is given under oath or affirmation. The examiner or cross-examiner may also need to make use of additional information or evidence to support their questions, in order to further clarify or challenge the witness's testimony. Ultimately, Section 683(2.2) of the Criminal Code of Canada serves to uphold the fundamental principles of justice and ensure that criminal proceedings are conducted in a fair and impartial manner.

COMMENTARY

Section 683(2.2) of the Criminal Code of Canada is an important provision that has significant implications for the examination and cross-examination of witnesses during criminal proceedings. This section states that sections 714.1 to 714.8 apply to such examinations and cross-examinations, with any necessary modifications that the circumstances require. Sections 714.1 to 714.8 of the Criminal Code set out the rules and procedures for examining and cross-examining witnesses in criminal trials. These rules govern the types of questions that can be asked, the manner in which questions can be asked, and the content of answers given by witnesses. Importantly, these rules are designed to ensure that witnesses are treated fairly and that their evidence is properly tested in court. By extending these rules to the examination and cross-examination of witnesses under section 683(2.2), the Criminal Code recognizes the importance of ensuring that the evidence presented during such proceedings is reliable and accurate. This is particularly important given the potentially serious consequences that can arise from such proceedings, including the possibility of conviction and the imposition of significant criminal penalties. The requirement for modifications to be made to these rules where necessary highlights the fact that the examination and cross-examination of witnesses under section 683(2.2) may differ in important respects from traditional criminal trials. This recognition of the unique nature of these proceedings is important, as it ensures that the rules governing evidence are appropriately tailored to meet the needs of these cases. Overall, section 683(2.2) of the Criminal Code is an important provision that recognizes the significance of the examination and cross-examination of witnesses in criminal proceedings. By extending the rules governing these procedures to such proceedings, and by requiring modifications to be made where necessary, this provision ensures that the evidence presented during these cases is subject to appropriate scrutiny and testing. This, in turn, helps to ensure that justice is served and that the rights of all parties involved are respected.

STRATEGY

Section 683(2.2) of the Criminal Code of Canada governs the examination and cross-examination of witnesses in criminal proceedings. It stipulates that the provisions of sections 714.1 to 714.8 of the Code apply to such procedures, subject to any necessary modifications. These provisions include the rules on examination of witnesses, the use of prior inconsistent statements, and the treatment of hostile witnesses. Given the importance of witness testimony in criminal cases, effective strategies for examining and cross-examining witnesses are critical for both the prosecution and defense. The following are some of the key strategic considerations that should be taken into account when dealing with section 683(2.2): 1. Preparation: Preparing for witness examination and cross-examination is essential for success in court. This involves reviewing all available evidence, interviewing witnesses before trial, identifying weaknesses in their testimony, and preparing a comprehensive line of questioning for both direct and cross-examination. 2. Purpose and goals: It is crucial to determine the purpose of the examination and cross-examination and the goals you wish to achieve. For example, is the aim to establish the reliability of the witness, expose any weaknesses in their testimony, or obtain new information? 3. Establishing credibility: Establishing the credibility of witnesses is a critical factor in criminal proceedings. To achieve this, counsel must present witnesses in a credible and reliable manner. This includes identifying inconsistencies in their testimony, making favorable inferences, and confronting witnesses with prior inconsistent statements. 4. Cross-examination techniques: Cross-examination requires a different approach than direct examination. Some effective techniques include asking leading questions, breaking down testimony into small components, and using prior inconsistent statements to impeach the witness's credibility. 5. Tone: Conducting examination and cross-examination with an appropriate tone and demeanor can have a significant impact on the effectiveness of counsel's arguments. An aggressive or abrasive tone can alienate the judge and jury, while a calm and professional approach can convey confidence and authority. 6. Admissibility of evidence: Counsel must be aware of the rules of evidence and ensure that all evidence presented is admissible. This includes ensuring that any hearsay evidence is excluded and that the foundational requirements for the introduction of evidence are met. In conclusion, section 683(2.2) of the Criminal Code of Canada governs the examination and cross-examination of witnesses in criminal proceedings. Effective strategies for examining and cross-examining witnesses include preparation, goal setting, establishing credibility, using appropriate cross-examination techniques, adopting an appropriate tone, and ensuring the admissibility of evidence. These considerations, when taken into account, can significantly increase the chances of success in criminal proceedings.