Criminal Code of Canada - section 4(6.1) - Proof of service in accordance with provincial laws

section 4(6.1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for the proof of document service according to provincial laws for offenses created by that province.

SECTION WORDING

4.(6.1) Despite subsection (6), the service of documents may be proved in accordance with the laws of a province relating to offences created by the laws of that province.

EXPLANATION

Section 4(6.1) of the Criminal Code of Canada provides an exception to the general rule of service of documents under subsection (6). This exception allows the service of documents to be proved in accordance with the laws of a province relating to offences created by the laws of that province. In practical terms, this means that if the province has created a specific law relating to document service, and it is applicable to the particular case, then that law may be used to prove the service of the document. For example, if a document needs to be served in a criminal case in Ontario, then the provisions of the Ontario Provincial Offences Act relating to document service may be used to prove that the document has been properly served. This would be done in accordance with the rules and regulations of the province. This section of the Criminal Code recognizes that, in some cases, the province may have better knowledge and understanding of the local laws and customs. Therefore, it allows for greater flexibility in the proof of service of legal documents in criminal cases. It also helps ensure that the service of documents is done in a fair and consistent manner across the country.

COMMENTARY

Section 4(6.1) of the Criminal Code of Canada provides an exception to the general rule outlined in subsection (6), which pertains to the service of documents. The provision allows for the proof of service of documents in accordance with the laws of a province pertaining to offenses created by the laws of that province. The purpose of this provision is to recognize that provinces in Canada have their own distinct criminal legislation, which may include provisions on how service of documents is to be conducted. By allowing for these provincial laws to govern the service of documents, the Criminal Code of Canada can ensure that there is consistency and compliance with applicable provincial legislation. This can also reduce confusion and promote efficiency in the criminal justice system. The exception provided in section 4(6.1) appears to be a practical solution to the issue of service of documents in a country with a federal system of government. The Criminal Code of Canada encompasses federal criminal law, while provinces have the power to create their own criminal laws. By recognizing the need for provincial laws to govern certain aspects of the criminal justice system, such as the service of documents, the Criminal Code of Canada can better support the administration of justice across the country. It should be noted, however, that the provision in section 4(6.1) is limited only to the service of documents. Other aspects of the criminal justice system, such as the creation and enforcement of criminal laws, remain under the federal jurisdiction of the Criminal Code of Canada. While it is important to respect the role of provinces in the criminal justice system, it is equally important to maintain a cohesive and consistent approach to criminal justice across the country. Overall, section 4(6.1) of the Criminal Code of Canada provides a useful exception to ensure that provincial laws are respected when it comes to the service of documents. While this provision is limited in scope, it is a practical solution that helps to support the administration of justice in a federal system of government. By recognizing the important role of provinces in the criminal justice system, the Criminal Code of Canada can better balance federal and provincial powers, while ensuring that the interests of justice are served.

STRATEGY

Section 4(6.1) of the Criminal Code of Canada allows for the service of legal documents to be proven in accordance with the laws of a province related to offenses created by that province. This provision can have significant strategic implications for legal practitioners dealing with criminal cases. Here are some of the strategic considerations when dealing with this section of the Criminal Code of Canada and some strategies that could be employed. Understanding Relevant Provincial Laws The first step in dealing with Section 4(6.1) is to identify the relevant provincial laws that relate to offenses created by that province. Criminal lawyers should have a thorough understanding of these laws to ensure that the service of documents is valid. For example, if a lawyer is practicing in Ontario, they should be familiar with the Ontario Rules of Civil Procedure regarding service of legal documents. Choosing the Best Method of Service Once a lawyer understands the provincial laws relevant to the case, they should carefully consider the available methods of service. While methods such as personal delivery, registered mail, and courier services are often used, they may not always be the best option. For example, in some instances, electronic service under the rules of a provincial court may be preferable. A lawyer should consider various factors like the urgency of the matter, the location of the recipient, and the cost of different methods when deciding how to serve their clients. Taking Advantage of Simplified Services Some provinces have enacted simplified rules for service that are often faster and more straightforward. British Columbia, for example, has created rules for simplified service of documents using email or fax under the Small Claims Act. Lawyers should always check if the provinces involved have simpler methods of service that could be used to save time and costs. Evidential Advantages Section 4(6.1) provides a powerful evidential advantage, allowing lawyers to prove service of legal documents by producing a form of proof specified by the relevant provincial laws. This can make it easier to prove that a party has received notable documents without the need for formal affidavits of service. The practical advantage is that lawyers can save the clients costs associated with filing claims. By implementing the use of electronic proof in accordance with provincial rules, there will be an increase in the speed of obtaining services, which will raise overall client satisfaction. In summary, practitioners must take a strategic approach in dealing with Section 4(6.1) of the Criminal Code of Canada. It's essential to understand the relevant provincial laws and take advantage of simplified services available while being mindful of the best way to serve the clients. Adopting these strategic considerations will help lawyers serve documents efficiently and effectively, potentially saving the clients significant costs while achieving desirable results.