INTRODUCTION AND BRIEF DESCRIPTION
A party must give notice to the court and other parties if they want to call a witness to give evidence at least 10 days before the witness is scheduled to testify.
SECTION WORDING
714.2(2) A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than ten days before the witness is scheduled to testify.
EXPLANATION
Section 714.2(2) of the Criminal Code of Canada outlines the procedure a party must follow if they wish to call a witness to testify in court under subsection (1). Subsection (1) allows a party to call a witness who has given a statement to a police officer or other investigative body and have that statement admitted into evidence instead of having the witness appear in court to give their testimony in person. Under subsection (2), the party who wishes to call such a witness must give notice to the court and all other parties of their intention to do so at least ten days before the witness is scheduled to testify. This requirement is in place to ensure procedural fairness and allow the other parties sufficient time to prepare their case and cross-examine the witness if necessary. Failing to give proper notice could result in the witness's statement being excluded from evidence, which could significantly impact the outcome of the case. However, the court may permit shorter notice periods in certain circumstances, such as when the witness's testimony is crucial to the case and delaying their appearance would cause undue hardship. Overall, section 714.2(2) serves as an important safeguard in the Canadian criminal justice system by ensuring that all parties have adequate time to prepare for the witness's testimony, thereby promoting fairness and transparency in criminal proceedings.
COMMENTARY
Section 714.2(2) of the Criminal Code of Canada pertains to the provision of notice to the court and other parties when a party intends to call a witness to give evidence under subsection (1). The primary objective of this section is to ensure that all parties to a legal proceeding have sufficient time and notice to prepare and present their respective cases. The provision stipulates that the party wishing to call a witness to give evidence must provide notice to the court and other parties not less than ten days before the witness is scheduled to testify. This means that if, for instance, a defence attorney wishes to call a witness to give evidence, they must notify both the prosecution and the court of their intention to do so at least ten days before the scheduled hearing date. Similarly, the prosecution is also required to provide notice if they intend to call a witness to give evidence. The rationale behind this provision is twofold. Firstly, it affords all parties the opportunity to gather and submit evidence, as well as to challenge the evidence presented by opposing parties. This ensures that hearings are conducted fairly and that all parties have an equal opportunity to present their case. Secondly, the provision helps to prevent last-minute surprises, which could negatively impact the outcome of a hearing. By providing notice well in advance, parties can prepare their arguments and evidence accordingly. In practice, section 714.2(2) is an essential component of the criminal justice system. It helps to maintain transparency and integrity in legal proceedings, and its strict enforcement strengthens the overall credibility of the justice system. Furthermore, the section aligns with the principles of natural justice, which emphasize the right to a fair hearing and the principle of audi alteram partem, which means "hear the other side." Notably, section 714.2(2) is applicable in a wide range of legal proceedings, including criminal trials, appeals, and bail hearings. Its applicability demonstrates the importance of timely and adequate notice in all aspects of the justice system. In conclusion, section 714.2(2) of the Criminal Code of Canada establishes the requirement for parties to provide adequate notice to the court and other parties when calling a witness to give evidence. This provision plays a pivotal role in ensuring that legal proceedings are conducted fairly and efficiently, and it helps to safeguard the principles of natural justice. Therefore, it is crucial that all parties adhere to its requirements to maintain integrity and trust in the Canadian justice system.
STRATEGY
Section 714.2(2) of the Criminal Code of Canada states that a party who wishes to call a witness to give evidence must provide notice to the court and the other parties not less than ten days before the scheduled testimony. This requirement is an essential part of criminal procedure, ensuring that all parties are adequately informed and prepared for the witness's testimony. There are several essential strategic considerations when dealing with this section of the code, which will be discussed below. The first and most critical strategic consideration when dealing with Section 714.2(2) is to ensure that proper notice is provided within the specified time frame. The earlier the notice is given, the better. Providing timely notice can help to establish a positive relationship with the court and other parties in the case, which can be beneficial in many ways. Additionally, early preparation can help to ensure that the case runs smoothly and that there are no procedural errors. Another strategic consideration when dealing with Section 714.2(2) is to carefully consider the potential witnesses and their testimony. It is essential to provide notice only when it is necessary and when the witness is expected to provide relevant and material evidence. If there is any doubt as to the witness's credibility or relevance, it may be best not to call them at all. Providing notice when it is unnecessary can waste resources and can make it more challenging to establish credibility with the court. One of the vital strategic considerations when dealing with Section 714.2(2) is to communicate effectively with the other parties in the case. Providing timely notice can help to establish a positive working relationship between the parties, which can be beneficial in many ways. Failing to provide proper notice can undermine trust and make it more difficult to resolve the case in a reasonable manner. Therefore, it is always best to communicate openly and honestly with the other parties at all times. Another strategic consideration when dealing with Section 714.2(2) is to be aware of any potential objections to the witness's testimony. If there are objections to be raised, it is essential to articulate them clearly and to provide adequate support for those objections. This can be done by reviewing the witness's statements, any documentation or evidence supporting their statements, and by discussing the matter with the other parties. Finally, in dealing with Section 714.2(2), it is essential to have a well-prepared and experienced criminal defense team to handle the case. This includes working with experienced criminal defense lawyers, paralegals, and other support staff who are familiar with the law and the procedures involved in criminal trials. Additionally, it is critical to have an experienced defense team that can prepare effective strategies and provide guidance throughout the trial. In conclusion, Section 714.2(2) of the Criminal Code of Canada plays a vital role in ensuring that criminal trials are conducted fairly and in compliance with established legal procedures. Adequately providing notice of a witness's testimony is one of the most critical considerations when dealing with this section of the code. Other important strategic considerations include carefully considering the potential witnesses and their testimony, communicating effectively with the other parties in the case, being aware of potential objections to the witness's testimony, and having a well-prepared and experienced criminal defense team to handle the case. By following these strategic considerations carefully, lawyers can help to ensure that criminal trials are conducted fairly and that their clients receive a fair and just resolution to their case.