INTRODUCTION AND BRIEF DESCRIPTION
A marriage certificate issued legally serves as evidence of the marriage without requiring proof of the signature or official character of the person who signed it.
SECTION WORDING
291(2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.
EXPLANATION
Section 291(2) of the Criminal Code of Canada establishes the evidentiary value of a certificate of marriage issued under the authority of law. This provision dictates that such a certificate is considered sufficient proof of the marriage or form of marriage to which it pertains, without the need for additional evidence validating the signature or official character of the certifying authority. The inclusion of this provision in the Criminal Code of Canada is significant because it recognizes the legal validity and importance of marital bonds. Marriage is a fundamental institution in Canadian society, and it carries with it numerous legal and social implications for the individuals involved. By acknowledging the evidentiary value of a marriage certificate, the Criminal Code grants some measure of protection and recognition to individuals who have entered into such a union. Furthermore, this provision can have important implications for legal proceedings that involve questions of marital status. For example, in cases where a criminal charge or civil claim hinges on the existence or absence of a legal marriage, a valid certificate of marriage can be used to establish that marriage in lieu of more complicated or uncertain evidence. This can simplify and expedite legal proceedings, while also providing greater certainty and clarity for all involved parties. Overall, section 291(2) of the Criminal Code of Canada serves to reinforce the legal significance of marriage in Canadian society and provides a straightforward means of establishing marital status in legal proceedings.
COMMENTARY
Section 291(2) of the Criminal Code of Canada is a provision that serves to make the legal process of proving a marriage more efficient. In essence, it states that a certificate of marriage issued under the authority of law is evidence of the marriage it represents without the need to ascertain the official character or signature of the issuing authority. This section has the effect of streamlining the legal process related to the establishment of marital relationships between individuals. For many years, the formal process of proving a marriage was cumbersome and required the involvement of various legal authorities. This process would have included providing proof of the official character of the individual issuing the relevant documents certifying the marriage. However, with the enactment of section 291(2) of the Criminal Code of Canada, the task of establishing the legal status of a marriage has become more straightforward and less complicated. It is important to note that the section only applies to marriages or a form of marriage that have been issued with a certification of marriage under the authority of law. This section does not apply to common-law relationships, nor does it apply to relationships that have been entered into through religious ceremonies without the necessary legal requirements being followed. The section is intended specifically for marriages recognized by law. This provision is of great significance for individuals who wish to establish their legal status as married. It enables them to do so without the need to produce further evidence to prove the authenticity of the certificate of marriage that they possess. This provision has a significant impact on the legal process related to divorce proceedings, estate planning, and other legal matters that are dependent upon marital status. It is important to note that the section does not prevent an individual from challenging the validity of their marriage if they have reason to believe it is invalid. However, if the certificate of marriage is not called into question, then it serves as conclusive evidence that the marriage exists and that the individuals named in the certificate are legally married. In conclusion, the enactment of section 291(2) of the Criminal Code of Canada has had a significant impact on the legal process related to establishing marital relationships. It effectively streamlines the process by allowing certificates of marriage to act as conclusive evidence of the existence of a marriage. This provision has reduced the burden on legal authorities and individuals by simplifying the legal process and making it more efficient. The provision is a testament to the Canadian government's commitment to advancing the legal system's effectiveness and accessibility.
STRATEGY
Section 291(2) of the Criminal Code of Canada is a crucial provision that governs the admissibility of marriage certificates in court proceedings. The section makes it clear that certificates of marriage issued under the authority of law are prima facie evidence of the marriage or form of marriage to which they relate, without the need for further proof of the signature or official character of the person who issued the certificate. In practice, section 291(2) is often invoked in criminal proceedings where the prosecution seeks to establish the existence of a marital relationship between the accused and a partner or spouse. For instance, section 291(2) could be invoked in a case where the accused is charged with domestic violence against their partner and the prosecution seeks to establish the existence of a legal marriage between the two parties. When dealing with section 291(2) of the Criminal Code of Canada, there are several strategic considerations that litigants and lawyers should bear in mind. Firstly, it is important to note that the provision only applies to certificates of marriage issued under the authority of law. This means that any certificate issued by an individual or entity that lacks the legal mandate to issue such certificates may not be admissible under section 291(2). Secondly, litigants should be aware that section 291(2) only establishes a rebuttable presumption that the marriage or form of marriage to which the certificate relates does exist. This means that the accused or their legal counsel could challenge the presumption by providing evidence that casts doubt on the validity of the certificate or the existence of the marriage in question. Another strategic consideration when dealing with section 291(2) is the potential impact of the provision on the admissibility of other forms of evidence. For example, if the prosecution seeks to introduce statements made by the accused's spouse or partner that are protected by spousal privilege, the introduction of a certificate of marriage under section 291(2) could potentially waive that privilege. Given these strategic considerations, there are several strategies that legal counsel could employ when dealing with section 291(2) in criminal proceedings. Firstly, they could seek to challenge the validity of the marriage certificate or undermine the credibility of the issuing authority, for instance by demonstrating that the certificate was issued fraudulently or in breach of local laws. Alternatively, legal counsel could argue that the certificate of marriage by itself is insufficient to establish the existence of a marital relationship between the accused and the partner or spouse, especially if there is contradictory evidence that suggests that the parties were not in fact married. In conclusion, section 291(2) of the Criminal Code of Canada is a provision that is frequently invoked in criminal proceedings where the prosecution seeks to establish the existence of a marital relationship. When dealing with this provision, legal counsel must carefully consider the evidentiary and strategic implications and may need to employ a range of strategies to successfully challenge or support its application.