section 258(7)

INTRODUCTION AND BRIEF DESCRIPTION

Parties must give reasonable notice and a copy of any certificate they intend to produce as evidence before trial.

SECTION WORDING

258(7) No certificate shall be received in evidence pursuant to paragraph (1)(e), (f), (g), (h) or (i) unless the party intending to produce it has, before the trial, given to the other party reasonable notice of his intention and a copy of the certificate.

EXPLANATION

Section 258(7) of the Criminal Code of Canada is a fundamental provision that regulates the admissibility of certificates in evidence in criminal proceedings. This section specifies that no certificate shall be accepted as evidence in a court unless the party intending to produce it gives reasonable notice to the other party and a copy of the certificate before the trial. The section aims to ensure fairness and transparency in criminal proceedings and prevent any unforeseen surprises that could arise because one party has an unexpected document that the other party has not had an opportunity to review and contest. By compelling the party producing the certificate to provide a copy of it and notice of their intent to rely on it, the law creates a level playing field, giving both sides equal opportunities to make arguments and counter-arguments. The provisions outlined in this section relate to various certificates that may have evidentiary values, such as certificates of conviction, fingerprints, DNA samples, and breathalyzer certificates. Before presenting any of these to the court as evidence, the party must notify the other of their intention to produce the certificate. In summary, Section 258(7) of the Criminal Code of Canada provides an essential safeguard against unfair surprise or ambush tactics in criminal proceedings. It ensures that all parties have an equal chance to prepare their case, familiarize themselves with the evidence, and make their arguments effectively. Any party intending to produce certificates in evidence must give reasonable notice, allowing all parties to make their arguments based on all the available evidence.

COMMENTARY

Section 258(7) of the Criminal Code of Canada is an important provision that sets out the procedure that must be followed before a certificate can be received in evidence in a trial. This provision has important implications for the admissibility of evidence in criminal trials and is designed to ensure that the parties have adequate notice of the evidence to be adduced as well as an opportunity to review the evidence in advance of the trial. Certificates are frequently used in criminal proceedings to establish facts that are often difficult or impossible to prove by other means. For example, a certificate may be used to prove the results of a blood test, the authenticity of a document, or the qualifications of an expert witness. Certificates are typically issued by government agencies or other bodies with the authority to verify a particular fact or piece of information. The purpose of Section 258(7) is to ensure that the party intending to produce a certificate in evidence provides the other party with adequate notice of their intention and a copy of the certificate. This provides the other party with an opportunity to review the evidence, to assess its relevance and reliability, and to prepare their case accordingly. Failure to provide adequate notice of a certificate may result in the evidence being excluded. The requirement for notice and a copy of the certificate also serves to promote fairness and transparency in criminal proceedings. By ensuring that both parties have access to the same evidence, the provision helps to avoid any surprises during the trial and ensures that the parties have an equal opportunity to present evidence and argue their case. The provision is particularly important in cases where the evidence in question is complex or technical in nature. For example, where a certificate is used to establish a particular scientific fact, the opposing party may wish to retain an expert of their own to review the certificate and provide an opinion as to its reliability. Such an expert may need time to properly assess the certificate, and the notice requirements set out in Section 258(7) ensure that they have sufficient time to do so. In addition to the notice requirements, Section 258(7) also sets out a number of specific paragraphs that are subject to the notice requirements. These include paragraphs (e), (f), (g), (h), and (i), which deal with the admission of certificates relating to the blood alcohol concentration of a person who has been charged with an impaired driving offence, certificates of analysis of drugs and other substances, certificates attesting to the authenticity of a document, certificates relating to the qualifications of an expert witness, and certificates relating to the results of a forensic DNA analysis. In conclusion, Section 258(7) of the Criminal Code of Canada is an important provision that ensures that both parties have access to the same evidence and that the evidence is properly reviewed and assessed before it is presented in court. The provision promotes fairness and transparency in criminal proceedings and ensures that the parties have an equal opportunity to present evidence and argue their case.

STRATEGY

Section 258(7) of the Criminal Code of Canada is a provision that places a duty on prosecutors intending to produce certificates in evidence to give the other party reasonable notice of their intention and a copy of the certificate before the trial. Failure to comply with this provision can result in the exclusion of the certificate as evidence. For litigators and prosecutors, this provision presents a number of strategic considerations that can impact the outcome of a trial. One of the most critical strategic considerations when dealing with Section 258(7) involves the timing of disclosure. It is essential to provide the other party with reasonable notice of intentions to produce a certificate well in advance of the trial. This advanced notice helps to ensure that the other party has enough time to review the certificate and prepare their case accordingly. If the other party receives the notice late, they may argue that they have not had enough time to review the certificate and, as a consequence, seek to have the evidence excluded. Another important consideration is the content of the certificate. It is crucial to ensure that the certificate complies with all the requirements prescribed by law. For example, if the certificate is being admitted for purposes of establishing a person's blood-alcohol concentration, the certificate must be signed by an analyst who has appropriate qualifications. If the certificate is found to be deficient in any way, the other party may object to its admissibility, and it could be excluded as evidence. Moreover, a strategic consideration for litigators and prosecutors is to prepare a summary of the certificate's contents for the other party. By doing this, the other party can have an overview of the evidence contained in the certificate, which can be helpful when preparing for the trial. This summary should be prepared in good faith and with the aim of facilitating the administration of justice. Another strategic consideration may be to produce a copy of the certificate's original notes. If the certificate is being admitted for scientific or technical evidence, the original notes may be used to challenge the accuracy of the certificate. The other party would have to show that the notes are material and relevant to the issues in the case. If the notes are accepted as evidence, they can be used to impeach the accuracy or reliability of the certificate. Finally, it may be beneficial for litigators and prosecutors to be aware that Section 258(7) of the Criminal Code does not apply to certificates used for limited purposes. For example, a certificate may be used as a simple statement of fact, and a party may not have to give advance notice of its use. This provision can provide a strategic advantage to the party that wants to admit the evidence, and they may be well advised to explore whether the evidence can be admitted for a limited purpose. In conclusion, Section 258(7) of the Criminal Code of Canada is a provision that requires prosecutors and litigators to give reasonable notice of their intention to produce a certificate as evidence. By taking into account the various strategic considerations discussed above, litigators and prosecutors can increase the chances that the evidence will be admitted, and that it will ultimately help support their case.