INTRODUCTION AND BRIEF DESCRIPTION
This section allows a Chief Justice to designate a judge from a court in Yukon, Northwest Territories, or Nunavut for judicial screening or empaneling a jury in relation to a conviction in those territories.
SECTION WORDING
745.64(2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5), in respect of a conviction that took place in Yukon, the Northwest Territories or Nunavut, the appropriate Chief Justice may designate the judge from the Court of Appeal of Yukon, the Northwest Territories or Nunavut, or the Supreme Court of Yukon or the Northwest Territories or the Nunavut Court of Justice, as the case may be.
EXPLANATION
Section 745.64(2) of the Criminal Code of Canada pertains to the selection of judges for the superior court of criminal jurisdiction, specifically for judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5) related to convictions in Yukon, Northwest Territories, or Nunavut. According to this section, the appropriate Chief Justice has the power to select a judge from different courts, including the Court of Appeal of Yukon, Northwest Territories, or Nunavut, or the Supreme Court of Yukon or Northwest Territories, or the Nunavut Court of Justice. This selection process is critical in ensuring that the judicial system remains impartial and unbiased while administering justice. This provision recognizes the unique legal system and challenges faced by regions such as Yukon, Northwest Territories, and Nunavut, located in the northern part of Canada. These regions have a relatively small population and sparse court infrastructure compared to other jurisdictions in Canada. Thus, the provision allows for the selection of a judge who has specific knowledge and experience in the legal system of these regions. In doing so, the provision would contribute to enhancing the quality of justice administered in these regions. Overall, Section 745.64(2) highlights the importance of selecting judges with expertise in the specific legal context in which the case is being heard. It ensures that the judicial system remains fair and accountable while preserving the integrity of the legal processes.
COMMENTARY
Section 745.64(2) of the Criminal Code of Canada pertains to the designation of a judge of the superior court of criminal jurisdiction in the Yukon, Northwest Territories, or Nunavut. This section allows the appropriate Chief Justice to designate a judge from either the Court of Appeal of the respective territory or the Supreme Court or Nunavut Court of Justice for the purpose of a judicial screening or empanelling a jury to hear an application under subsection 745.61(1) or (5). This section is significant as it allows for the fair administration of justice in the territories. Given that the North constitutes a significant portion of Canada's landmass, it is essential that they have access to the same level of judicial services as other regions. The section's provision to designate judges from either the Court of Appeal or the Supreme Court in the three territories ensures that there is adequate access to expertise in criminal law matters, and the necessary resources are utilized to conduct proper judicial screenings or empanelling of juries. The use of judicial screenings is a crucial aspect of the process of reviewing a conviction. A judicial screening provides the opportunity for a judge to examine an applicant's case and determine whether it meets specific criteria for consideration. The criteria usually entail elements such as the gravity of the offence, the applicant's character, and whether the punishment should be proportionate to the nature of the crime. A fair and knowledgeable judge's designation who can conduct a judicial screening is thus crucial. Given that some cases may involve complex legal matters, access to expertise, such as those provided by judges from the Court of Appeal or Supreme Court, can significantly impact the outcome of an applicant's case. Moreover, the provision in section 745.64(2) ensures that residents of the Yukon, Northwest Territories, or Nunavut can access justice in a manner that is appropriate to their jurisdiction. The regional aspect of the section speaks to the importance of local customs and traditions, which play a significant role in how legal matters are adjudicated in Canada's territories. Given that residents of the territories often have unique needs, such as language barriers, the involvement of local judges who are intimately familiar with their communities can help to facilitate communication and understanding between the parties involved. In conclusion, section 745.64(2) of the Criminal Code of Canada is an essential provision that reflects the unique needs of Canada's territories. The provision to designate judges from both the Court of Appeal and Supreme Court allows for access to the necessary expertise required to conduct proper judicial screenings or empanelling of juries. The section's regional aspect also highlights the importance of local customs and traditions and ensures that residents of the territories can access the justice system in a fair and appropriate manner. Overall, this provision is an essential aspect of ensuring equal access to justice in Canada.
STRATEGY
Section 745.64(2) of the Criminal Code of Canada provides for the designation of a judge of the superior court of criminal jurisdiction for the purpose of a judicial screening or empaneling a jury to hear an application under subsection 745.61(5) in respect of a conviction that took place in Yukon, the Northwest Territories or Nunavut. This provision raises several strategic considerations for parties who may be involved in such proceedings. Firstly, it is important to note that the designation of a judge from the Court of Appeal of Yukon, the Northwest Territories or Nunavut, or the Supreme Court of Yukon or the Northwest Territories or the Nunavut Court of Justice, as the case may be, is at the discretion of the appropriate Chief Justice. Therefore, parties may want to consider building a relationship with the appropriate Chief Justice in order to increase the likelihood that their preferred judge will be designated. Secondly, there may be strategic considerations around the selection of a judge from a particular court. For example, parties may want to consider the experience and expertise of judges in different courts, as well as any biases or predispositions that may be associated with a particular court. Thirdly, there may be strategic considerations around the timing of the designation of a judge. For example, parties may want to seek early designation of a judge in order to ensure that they have sufficient time to prepare their case and secure evidence. On the other hand, parties may want to delay the designation of a judge in order to gather more information about the prospects of success of their case before committing to a particular judge. Fourthly, parties may want to consider the potential impact of the designation of a judge on the outcome of their case. For example, a judge who has a particular expertise or perspective may be more likely to rule in favor of one party over another, or may be more likely to grant certain types of relief. Therefore, parties may want to carefully consider the potential impact of a particular judge on the outcome of their case before seeking their designation. In terms of strategies that could be employed, parties may want to consider the following: 1. Building relationships with the appropriate Chief Justice in order to increase the likelihood of securing their preferred judge. 2. Researching the experience, expertise, biases, and predispositions of judges in different courts in order to make an informed decision about the selection of a judge. 3. Seeking early designation of a judge in order to ensure sufficient time to prepare the case and secure evidence. 4. Delaying the designation of a judge in order to gather more information about the prospects of success of the case. 5. Carefully considering the potential impact of a particular judge on the outcome of the case before seeking their designation. Overall, Section 745.64(2) of the Criminal Code of Canada raises several strategic considerations for parties involved in judicial screening or jury empanelment proceedings. Careful consideration of the experience, expertise, biases, and predispositions of judges in different courts, as well as the potential impact of a particular judge on the outcome of the case, can help parties make informed decisions about the designation of a judge and improve their chances of success.