INTRODUCTION AND BRIEF DESCRIPTION
This section requires the summary conviction court to provide a certified copy of a conviction or order upon request.
SECTION WORDING
806(1) Where a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order shall be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, the court shall cause a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order to be drawn up and shall deliver the certified copy to the person making the request.
EXPLANATION
Section 806(1) of the Criminal Code of Canada deals with the recording and sharing of information regarding a defendant's conviction or order. When a defendant is convicted or an order is made against them, the summary conviction court is required to create a minute or memorandum of the conviction or order, stating that it was dealt with under this Part. If requested by the defendant, prosecutor, or any other person, the court must then create a certified copy of the conviction or order in a specific form (Form 35 or 36), and deliver this copy to the person making the request. This procedure ensures that all parties involved have access to a record of the conviction or order, which may be needed for appeals, future legal proceedings, or other purposes. By requiring the court to create a record of the conviction or order in a specific format and to provide a certified copy upon request, Section 806(1) helps to ensure that all relevant parties have access to important legal information. This promotes transparency and accountability in the legal process, and helps to protect the rights of both defendants and prosecutors. Overall, this section of the Criminal Code of Canada is an important mechanism for ensuring that legal proceedings are conducted fairly and transparently, and that all parties have access to the information they need to make informed decisions about their legal affairs.
COMMENTARY
Section 806(1) of the Criminal Code of Canada is an important provision that establishes the procedures for recording and providing information about court orders and convictions. This section requires that a minute or memorandum of the conviction or order be made by the summary conviction court, and that this information should indicate that the matter was dealt with under Part XXVII of the Criminal Code. Part XXVII of the Criminal Code deals with summary conviction procedures, which are typically used for less serious offences. The purpose of this provision is to promote transparency and accountability in the administration of justice. By requiring the court to keep records of each conviction or order, this provision ensures that there is a clear record of all proceedings that have taken place in relation to criminal offences. This information can be valuable in a variety of contexts, such as when conducting background checks or when assessing the risk posed by a convicted offender. Moreover, Section 806(1) establishes a process for requesting information about a conviction or order. Any person, including the defendant, prosecutor, or another interested party, can request a copy of the conviction or order, which will be provided by the court upon request. This provision can be particularly important for defendants who wish to appeal their conviction or for victims who wish to monitor the progress of a case. The use of Form 35 or 36 in the recording and provision of information is also significant. These forms provide a standardized format for recording and reporting convictions and orders, which can help to ensure consistency and accuracy in the information that is provided. Further, the use of certified copies of convictions and orders ensures that the information is authentic and reliable. Overall, Section 806(1) provides an essential mechanism for recording and communicating information about convictions and orders in the Canadian criminal justice system. By requiring courts to keep accurate records of all proceedings and allowing interested parties to request copies of these records, this provision promotes transparency and accountability while also protecting the rights of defendants and victims. As such, it is an important provision that helps to ensure that the administration of justice is fair and effective.
STRATEGY
Section 806(1) of the Criminal Code of Canada is a crucial provision that outlines the mandatory requirement for the summary conviction courts to record and report all convictions and orders granted to the accused. It provides that the court make a minute or memorandum of the conviction or order and ensure that a certified copy of the conviction or order is delivered to the person or party making the request. This section is a critical aspect of the Canadian justice system that promotes transparency in the criminal justice process and ensures the protection of the rights of the accused. The importance of strategic considerations when dealing with Section 806(1) of the Criminal Code cannot be overstated. When a person is convicted or an order is granted against him, his future prospects and reputation are often on the line. As such, legal counsel needs to strategize while knowing the full implications of their actions. Some of the strategic considerations that need to be made include: 1. Timing The timing of when a request for a certified copy of the conviction or order is made is crucial. It is essential to ensure that the request is made at the right time, whether before or after the conviction is registered. It is also important to consider the impact that obtaining the certified copy will have on the person's reputation and future prospects. 2. Use of Form 35 or 36 Section 806(1) requires that a conviction or order be made in Form 35 or 36, depending on the type of conviction or order. It is vital to ensure that the correct form is used when making the request. If the wrong form is used, it could result in complications during the process, causing delays or even rejection of the application. 3. Legal Representation Legal representation is critical in ensuring that the request for a certified copy of the conviction or order proceeds smoothly. Legal counsel can provide guidance on the correct procedures, ensure that the right forms are used, and provide expert advice on the appropriate timing. 4. Grounds for Appeal A careful review of the conviction or order may reveal grounds for appeal. It is important to review the conviction or order and consider the possible impact on future appeals, even when a certified copy is required. Timing, legal representation, and the grounds for appeal need to be considered together, as they could interact in different ways. In conclusion, when dealing with Section 806(1) of the Criminal Code of Canada, strategic considerations must be made. These include timing, the use of Form 35 or 36, legal representation, and grounds for appeal. Legal counsel must be well-informed and provide expert guidance to ensure that the process proceeds as smoothly as possible, while protecting the rights and interests of their client.