INTRODUCTION AND BRIEF DESCRIPTION
145(10) An accused against whom a certificate described in subsection (9) is produced may, with leave of the court, require the attendance of the person making the certificate for the purposes of cross-examination.
Section 145(10) of the Criminal Code of Canada gives an accused individual the right to cross-examine the person who has filed a certificate as described in subsection (9). This subsection permits an individual to produce a written statement or report in court, indicating they have reasonable grounds to believe that the accused has violated the conditions of their bail or probation. The accused can request leave from the court, which means they have to ask the judge for permission to cross-examine the person who produced the certificate. If the court grants leave, then the accused can question the person who filed the certificate to test the truthfulness of the information provided in the certificate. The accused can try to prove that the information is incorrect, or that the person who filed the certificate is biased or has a motive for providing false information. The purpose of this section is to ensure that the accused has the right to defend themselves against accusations made against them. The right to cross-examination is a fundamental aspect of Canada's legal system, as it allows for the testing of evidence provided by witnesses or accusers. Without this right, the accused would be unable to challenge the accuracy of the accusations made against them, making it difficult to prove their innocence. Therefore, section 145(10) is an important safeguard in the Criminal Code of Canada that ensures the accused has the opportunity to defend themselves against allegations of violating bail or probation conditions.
Section 145(10) of the Criminal Code of Canada is a provision that pertains to the admissibility of certificates in court proceedings related to certain offences. This provision serves as an important safeguard to ensure the fair trial rights of accused persons in criminal cases. The provision states that an accused person against whom a certificate described in subsection (9) - which refers to a certificate that certifies that a person has refused or failed to comply with a court order - is produced, may require the attendance of the person making the certificate for cross-examination, with leave of the court. This means that the accused person has the right to ask questions of the person who made the certificate in court, in order to challenge the assertions made in the certificate. This provision is significant in that it allows an accused person to confront the evidence against them, as required by the principles of natural justice and the right to a fair trial. By being able to cross-examine the person making the certificate, an accused person can address any possible errors or inconsistencies in the certificate, challenge the basis on which the certificate was issued, and test the credibility of the person making the certificate. The provision also serves as an additional incentive for the person making the certificate to ensure that it is accurate and truthful. If the certificate is found to be flawed, the person making it may face consequences such as being subject to charges of perjury or contempt of court. Furthermore, it is important to note that this provision addresses a specific type of evidence, namely, certificates related to court orders. This type of evidence is often used in cases where an accused person has failed to comply with a court order, such as a summons or a subpoena. In such cases, the use of certificates is a practical means of establishing the necessary facts without requiring the attendance of multiple witnesses to testify in court. However, the provision recognizes that certificates may not always be accurate or complete and therefore, allows an accused person to challenge them. Overall, Section 145(10) of the Criminal Code of Canada is a provision that underscores the importance of the right to a fair trial and the principle of confrontation of the evidence against an accused person. By ensuring that an accused person has the opportunity to cross-examine the person making a certificate related to a court order, the provision promotes fairness and accuracy in the administration of justice.
Section 145(10) of the Criminal Code of Canada provides an accused individual with the opportunity to challenge the evidence presented against them by cross-examining the person who provided a certificate described in subsection (9). Any criminal defense strategy must consider the possible use and application of this section in building a successful case. The first strategic consideration when dealing with section 145(10) is whether to seek leave of the court to cross-examine the person who provided the certificate. Before deciding whether to request cross-examination, it is essential to assess the strength of the evidence and any potential weaknesses in the prosecution's case. Depending on the situation, it may be advantageous to challenge the evidence by seeking leave to cross-examine the certificate's author. Once the decision to seek leave is made, the next strategic consideration is how to conduct the cross-examination effectively. This stage involves carefully crafting a cross-examination strategy that takes into account the certification's details and what the accused hopes to establish during the cross-examination. The accused's lawyer must be adept at asking questions and skilled in interpreting the answers provided to build a credible and meaningful argument in favor of their client. Another strategic consideration when dealing with section 145(10) is the timing of the application for leave. If an application is made too early, the court may refuse to grant leave, concluding that the request is premature due to insufficient evidence to support it. On the other hand, if the application is made too late in the proceeding, the accused may lose the opportunity to conduct the cross-examination altogether, leaving the evidence presented uncontested. In addition to timing, the accused's specific arguments during the cross-examination are also critical in creating an effective defense. A cross-examination that focuses only on the facts stated in the certificate may be insufficient. It is important to approach the cross-examination from different angles and perspectives, delving deeper into the details and uncovering any weaknesses or gaps in the evidence presented. The accused's lawyer should also pay close attention to the court's reaction to the cross-examination and be prepared to adjust the cross-examination strategy accordingly. This adaptation may be necessary if the court does not react as expected or if the court does not appear to be impressed by the line of questioning employed. In summary, section 145(10) of the Criminal Code of Canada offers an accused individual an opportunity to challenge the prosecution's case by cross-examining the author of a certificate. While this section represents an essential component of any defense strategy, its successful use requires careful assessment and preparation by the accused's legal team. Strategic considerations when dealing with this section include timing, creating effective cross-examination strategies, and adapting to the court's response to the evidence presented. Ultimately, the successful use of section 145(10) can provide a valuable advantage in building a strong defense.