INTRODUCTION AND BRIEF DESCRIPTION
The judge must hear all relevant evidence from both parties in an application for an order under subsection (1).
SECTION WORDING
111(3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought.
EXPLANATION
Section 111(3) of the Criminal Code of Canada is a provision that outlines the requirements for the hearing of an application made under subsection (1) of the same section. This subsection relates to the issuance of peace bonds, which are court orders designed to prevent a person from causing harm to another individual or group of individuals. According to this section, at the hearing of an application for a peace bond, the provincial court judge must have an open mind and consider any relevant evidence presented by both the applicant and the person against whom the order is being sought. This means that the judge cannot have preconceived notions about the case and must consider all the evidence presented in an unbiased manner. Moreover, this section provides that the judge is required to hear "all relevant evidence" presented by or on behalf of both parties. This requirement ensures that both parties have an equal opportunity to present their case and any evidence that may support their position. It also means that the judge must be attentive to all evidence presented, including both documentary and oral evidence. Overall, section 111(3) of the Criminal Code of Canada is an important provision that ensures fairness and impartiality in the hearing of applications for peace bonds. It plays a crucial role in protecting the rights of individuals while also ensuring that people who pose a threat to others are identified and prevented from causing harm.
COMMENTARY
Section 111(3) of the Criminal Code of Canada sets out the procedure to be followed at the hearing of an application for a peace bond. A peace bond is a court order that requires a person to keep the peace and be of good behaviour for a specified period of time. It is often sought by people who feel threatened or harassed by another person and who wish to have some legal protection. The section provides that the provincial court judge, who will hear the application for the peace bond, must hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought. This means that both the person seeking the peace bond and the person against whom it is sought have the opportunity to present evidence and argue their case before the judge. The section also states that this requirement is subject to subsection (4) of the same section. Subsection (4) allows the court to limit the hearing of evidence if it is satisfied that the evidence is not relevant or necessary for the determination of the application. This means that the judge has the discretion to control the evidence presented at the hearing and to exclude any evidence that is deemed irrelevant or unnecessary. This section of the Criminal Code is important for protecting the rights of individuals who are the subject of a peace bond application. It ensures that both sides have the opportunity to present their case and to have their evidence heard by the court. This is essential for ensuring a fair and just outcome in these cases. At the same time, the provision also recognizes that there may be cases where certain evidence is not relevant or necessary for the determination of the application. By allowing the judge to limit the hearing of evidence in such cases, it ensures that the process remains efficient and focused on the key issues at hand. Overall, section 111(3) of the Criminal Code strikes a balance between ensuring a fair and just process for peace bond applications while also recognizing the need for efficiency and practicality in the proceedings. It is an important provision that reflects the principles of justice and fairness that underpin our legal system.
STRATEGY
Section 111(3) of the Canadian Criminal Code requires a provincial court judge to hear all relevant evidence presented by the applicant and the person against whom the order is sought during a hearing for an application made under subsection (1). This provision gives the parties involved in a hearing under section 111(1) an opportunity to present their case in a fair and transparent manner. One strategic consideration for parties involved in a hearing under section 111(1) is to prepare thoroughly for the hearing. This includes gathering and organizing all relevant evidence, including documents, witnesses, and expert testimony. The more comprehensive the evidence and arguments presented, the greater the chances of success. Another strategic consideration is to anticipate the opposing party's arguments and plan counterarguments accordingly. This requires reviewing the opposing party's evidence and arguments to identify weaknesses and inconsistencies that can be exploited. Additionally, parties need to pay close attention to the courtroom dynamics and the behavior of the judge. This means adjusting their presentation style and argumentation based on the judge's demeanor and reactions to the evidence and arguments presented. Strategies that can be employed under section 111(3) include: 1. Direct examination of witnesses: The applicant and the person against whom the order is sought can present their witnesses for direct examination to show the judge the truth of what happened. 2. Cross-examination of witnesses: This gives both parties the opportunity to test the credibility and accuracy of the opposing party's evidence by cross-examining their witnesses. 3. Documentary evidence: Both parties may introduce documentary evidence such as emails, text messages, receipts, or photographs that support their case. 4. Expert evidence: Parties may also present expert testimony to establish or discredit some aspect of their arguments, such as psychological assessments or medical reports. 5. The use of legal precedents: Parties may rely on legal precedent to support their arguments and demonstrate how similar situations were resolved in the past. 6. Judicial notice: Parties may request the judge to take judicial notice of certain facts, such as the primary language spoken in a particular region or historical events. Finally, it is vital to remember that the objective of a hearing under section 111(1) is to convince the judge to grant the order sought. Therefore, evidence and arguments presented should be clear, compelling, and concise to simplify the decision-making process for the judge.