INTRODUCTION AND BRIEF DESCRIPTION
A signed certificate of analysis by an analyst is evidence in legal proceedings involving weapons, explosives or related items.
SECTION WORDING
117.13 (1) A certificate purporting to be signed by an analyst stating that the analyst has analyzed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate.
EXPLANATION
Section 117.13(1) of the Criminal Code of Canada provides a legal foundation for the admissibility of evidence in a criminal trial related to weapons, explosive substances, and their components. The section allows for a certificate signed by an analyst, who has analyzed a weapon or related item, to be presented in court as evidence without proof of the analyst's signature or official position. This streamlined process allows the prosecution to quickly and efficiently establish the analytical results of an item's components during a trial without the need for multiple witnesses or prolonged examination. The section covers a range of items including weapons, prohibited devices, ammunition, prohibited ammunition, and explosive substances. The certificate from an analyst outlines the results of the analysis and can be used in any legal proceedings under the Criminal Code of Canada or under the section of the Export and Import Permits Act related to the subsection 15(2) related to international firearms and weapon trafficking. Importantly, the section underscores the importance of analytical science in the criminal justice system. Analysts who perform these tests have often received specialized training to recognize and evaluate a range of these items, ensuring that the analytical results can be viewed as credible and reliable. It also emphasizes the significance of weapons and explosive substances in criminal proceedings as they are often central to the cases being presented. Section 117.13(1) of the Criminal Code of Canada therefore serves as a vital tool for prosecutors seeking to secure convictions in weapons-related criminal cases. The provision facilitates the admission of credible evidence without unnecessary judicial proceedings to establish the qualifications and experience of analytical scientists.
COMMENTARY
Section 117.13(1) of the Criminal Code of Canada is an important provision that improves the efficiency and effectiveness of legal proceedings related to weapons, prohibited devices, ammunition, prohibited ammunition, or explosive substances. The provision essentially allows for a certificate signed by an analyst, stating that they have analyzed any of the aforementioned items and stating the results of the analysis, to be considered as evidence in any proceedings related to those items under the Criminal Code or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act, without proof of the signature or official character of the person who signed the certificate. This provision is crucial because it helps to streamline legal proceedings. Instead of having to prove the authenticity and credibility of the analyst and their analysis in court, the certificate serves as prima facie evidence, meaning it is accepted as true until someone provides evidence to the contrary. By doing so, the provision reduces the time and resources required for judicial proceedings, thereby making the legal process more efficient and effective. This is particularly important in cases related to weapons, prohibited devices, ammunition, prohibited ammunition, or explosive substances, as these items pose significant risks to public safety and security. The quicker these cases can be resolved, the better it is for society. Furthermore, the provision also helps to ensure that there is consistency in the way such cases are treated across the country. This is because the provision applies to any proceedings related to these items under the Criminal Code or the Export and Import Permits Act, regardless of where they occur in Canada. This consistency is important because it helps to ensure that justice is served equally across the country, regardless of where someone lives. Critics of the provision argue that it allows for hearsay evidence to be admitted in court without proper scrutiny. However, this argument is misguided. The provision does not allow for hearsay evidence; it allows for the admission of a certificate signed by an analyst who has analyzed the item in question. Such evidence is considered to be prima facie, which means it is accepted as true unless and until someone provides evidence to the contrary. Therefore, the provision does not undermine the integrity of the legal system; it simply provides a more efficient and effective way of gathering evidence in cases related to weapons, prohibited devices, ammunition, prohibited ammunition, or explosive substances. Overall, Section 117.13(1) of the Criminal Code of Canada is an important provision that helps to ensure that legal proceedings related to weapons, prohibited devices, ammunition, prohibited ammunition, or explosive substances are efficient, effective, and consistent across Canada. The provision strikes a balance between the need for speedy justice and the need to ensure that evidence is credible and reliable, and it helps to protect the public from the risks posed by these dangerous items.
STRATEGY
Section 117.13(1) of the Criminal Code of Canada is a critical tool for prosecutors when prosecuting cases related to weapons, prohibited devices, ammunition, and explosives. This section allows for a certificate signed by an analyst to be used as evidence in court, without requiring proof of the signature or official character of the person signing the certificate. This provision can save a lot of time and resources for prosecutors and foster a more efficient criminal justice system. However, it is important for prosecuting attorneys to carefully consider how best to use this provision to maximize its effect on a case. Firstly, it is important for prosecutors to ensure that the certificate they are relying upon meets the requirements of Section 117.13(1). For example, the certificate must be signed by an analyst and state the results of the analysis. Failure to meet these requirements could lead to the exclusion of the certificate as evidence, which could be detrimental to the prosecution's case. Secondly, prosecutors should carefully consider when to use the certificate as evidence. While the use of a certificate can save time and resources, it is not always the best strategy. For instance, if the prosecution intends to use multiple pieces of evidence to prove its case, it may be more effective to present the certificate in conjunction with other pieces of evidence. Presenting the certificate on its own may not have the desired impact on the judge or jury. Thirdly, it is important for prosecutors to be aware of potential challenges to the reliability of the certificate. The defendant may challenge the certificate's authenticity or the qualifications of the analyst who signed it. In such cases, prosecutors must be prepared to present evidence to prove the reliability of the certificate. Finally, prosecutors should be aware of the potential of using this provision as a means of plea bargaining. The ability to use a certificate as evidence can be a powerful tool when negotiating plea deals with defendants. Prosecutors can offer the defendant a reduced sentence in exchange for a guilty plea, backed up by the certificate. In conclusion, Section 117.13(1) of the Criminal Code of Canada is a valuable resource for prosecutors when prosecuting cases related to weapons, prohibited devices, ammunition, and explosives. However, it is important for prosecutors to carefully consider the strategic implications of using this provision, to ensure it has the desired impact on the case. By doing so, prosecutors can increase the efficiency of the criminal justice system and achieve successful outcomes in their cases.