INTRODUCTION AND BRIEF DESCRIPTION
Section 118 of the Criminal Code of Canada defines judicial proceeding as any proceeding before a court, legislative body, arbitrator, or tribunal where evidence can be taken under oath.
SECTION WORDING
118 In this Part, "judicial proceeding" means a proceeding (a) in or under the authority of a court of justice, (b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath, (c) before a court, judge, justice, provincial court judge or coroner, (d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or (e) before a tribunal by which a legal right or legal liability may be established, whether or not the proceeding is invalid for want of jurisdiction or for any other reason;
EXPLANATION
Section 118 of the Criminal Code of Canada defines what constitutes a "judicial proceeding" under Part VI of the Criminal Code. A judicial proceeding is broadly defined and covers a range of legal processes, including proceedings before a court of justice, a legislative council or assembly, or a tribunal authorized by law to establish legal rights or liabilities. The purpose of this definition is to ensure that the criminal offenses under Part VI of the Criminal Code, such as perjury and obstructing justice, apply to individuals who commit such offenses in the context of a judicial proceeding. Essentially, anyone who gives false evidence, fabricates evidence, or obstructs justice in the course of a judicial proceeding may be charged with a criminal offense under Part VI. This definition of "judicial proceeding" also includes situations where a proceeding may be invalid for lack of jurisdiction or other reasons. This means that just because a proceeding may be flawed or invalid, a person who commits an offense in the course of that proceeding may still be charged with a criminal offense. Overall, the definition of "judicial proceeding" under Section 118 of the Criminal Code of Canada is important for ensuring that the criminal justice system is able to effectively deal with offenses committed in the course of such proceedings, and to bring to account those who obstruct or interfere with justice.
COMMENTARY
Section 118 of the Criminal Code of Canada serves as a definition for the term "judicial proceeding." This term is crucial to the law and its understanding as it determines which actions and events are subject to scrutiny by the courts and legal system. The provision serves to clarify that a judicial proceeding may occur in a variety of contexts, and it is not limited to traditional court proceedings. The provision defines a judicial proceeding as one that is held in or under the authority of a court of justice, before a legislative council, legislative assembly, or house of assembly. It also defines it as a proceeding before a tribunal where a legal right or liability can be established, whether or not the proceeding is invalid for want of jurisdiction or any other reason. This definition is comprehensive and all-encompassing, and it goes a long way in ensuring that the courts have jurisdiction over all forms of disputes and conflicts. Perhaps the most interesting aspect of Section 118 of the Criminal Code of Canada is the fact that it refers to proceedings before the Senate or House of Commons or a committee of the Senate or House of Commons. This highlights the importance of parliament and the legislature in the Canadian legal system. It emphasizes that members of Parliament and senators also have a role in administering justice and ensuring the legal system is functioning correctly. This serves as a reminder of the democratic principles that underpin Canadian society. This section also provides a clear understanding of what constitutes a judicial proceeding before a tribunal. It makes it clear that any proceeding that establishes legal rights or liabilities is considered a judicial proceeding. This includes arbitration procedures, inquiries conducted by regulatory bodies and commissions, and other quasi-judicial hearings. This provision ensures that all aspects of the legal system are accounted for and gives Canadians confidence in the legal system's ability to protect their rights. One of the most significant benefits of this provision is that it guarantees consistency in the application of the law across various legal settings. It assures that the same legal principles apply regardless of the legal setting, ensuring that all parties are subject to the same protections and standards of justice. Overall, Section 118 plays a crucial role in the Canadian legal system by defining what constitutes a judicial proceeding. It ensures that the legal system is comprehensive and inclusive, accounting for various legal settings and the roles different branches of government play in administering justice. This provision ultimately contributes to a fair and transparent legal system that Canadians can have faith in.
STRATEGY
Section 118 of the Criminal Code of Canada defines the term judicial proceeding" and outlines its various forms. For businesses and individuals facing charges in a judicial proceeding, it's essential to understand the strategic considerations around this section of the Criminal Code. Here are some strategies that could be employed: 1. Legal representation Hiring a lawyer with expertise in criminal proceedings is instrumental in dealing with section 118 of the Criminal Code. A criminal defence lawyer will help you understand your rights and obligations and suggest the best strategy based on your case's particulars. 2. Cooperation and honesty If you are testifying in a judicial proceeding, honesty and cooperation are vital. You must provide truthful testimony and answer all questions to the best of your ability. Doing otherwise could lead to allegations of perjury or obstruction of justice, which can have severe consequences. 3. Preparing for testimony Before you testify in a judicial proceeding, you should prepare extensively. You can do this by reviewing relevant documents, preparing a timeline of events, and discussing potential questions with your lawyer. 4. Objectivity and impartiality In a judicial proceeding, being objective and impartial can work in your favour. Avoid taking sides or making statements that could be interpreted as biased. Stick to the facts and present them as objectively as possible. 5. Contempt of court Any conduct that offends the dignity of the court, interferes with its orderly process, or undermines the administration of justice constitutes contempt of court. Therefore, you should avoid any activity that could be deemed as contempt of court, including interrupting proceedings, insulting the court, or disobeying court orders. 6. Appeal and judicial review If you are not satisfied with the decision rendered in the judicial proceeding, you can file an appeal or request a judicial review. However, these options must be done using established legal processes and follow specific timelines. In conclusion, section 118 of the Criminal Code of Canada covers various forms of judicial proceedings. When dealing with this section of the Criminal Code, it's essential to be honest, objective, and cooperative. Seeking legal representation and preparing thoroughly for testimony can also be beneficial. Finally, understand that contempt of court can harm your case and appealing or seeking a judicial review is an option if you are unsatisfied with the verdict.