Criminal Code of Canada - section 4(6) - Proof of notifications and service of documents

section 4(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines how document service and notice giving can be proven in court through either oral evidence, affidavit, or a written statement from a peace officer.

SECTION WORDING

4.(6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved (a) by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served, given or sent it; or (b) in the case of a peace officer, by a statement in writing certifying that the document was served or the notice was given or sent by the peace officer, and such a statement is deemed to be a statement made under oath.

EXPLANATION

Section 4(6) of the Criminal Code of Canada provides guidelines for proving the service of any document or notice for the purposes of the Act. This section outlines two methods for proving the service, giving, or sending of any document or notice. The first method is through oral evidence given under oath or by an affidavit or solemn declaration of the person who claims to have served, given, or sent the document or notice. This suggests that the person who served the document or notice may testify in court, or provide sworn statements as evidence that they performed the service, giving, or sending of the document or notice. The second method outlined in section 4(6) pertains to peace officers, who may provide a statement in writing certifying that they served the document or notice. This statement is deemed to be a statement made under oath. This means that the statement carries the same legal weight as if it had been made while being sworn in as a witness in court. This method of proving the service of the document or notice is particularly useful when the peace officer in question is not available to testify in court. It provides a reliable and official record of the service of the document or notice, which can be used as evidence in criminal proceedings. Overall, section 4(6) of the Criminal Code of Canada provides a framework for proving the service, giving, or sending of any document or notice under the Act. It outlines two methods for providing evidence, which allows for greater flexibility and reliability when proving service in criminal cases.

COMMENTARY

Section 4(6) of the Criminal Code of Canada is a provision that deals with the burden of proof regarding the service of any document or notice in connection with a criminal proceeding. The section lays down two ways in which these documents or notices can be proved to have been served, given, or sent. Under paragraph (a) of this section, oral evidence can be given under oath by the person claiming to have served, given or sent the document or notice. Alternatively, such a person can provide an affidavit or solemn declaration to prove the same. This provision recognizes that the person who claims to have served the document or notice may be the only person who has direct knowledge of the same. Paragraph (b) of this section provides for an alternative method of proof in the case of a peace officer. Such an officer can provide a statement in writing certifying that the document was served, given or sent by them. This statement is deemed to be a statement made under oath. The reason for this provision is that peace officers are seen to be persons of integrity and their written statement is therefore deemed to be trustworthy. Section 4(6) of the Criminal Code of Canada is an important provision that provides for flexibility in the ways in which the service of documents and notices can be proved in criminal proceedings. The reason for this flexibility is to ensure that the accused person is not unfairly prejudiced by the absence of evidence of service. This provision recognizes that the person who claims to have served the document or notice may be the only person who has direct knowledge. As such, they are allowed to provide oral evidence under oath or an affidavit to prove the same. Similarly, the provision recognizes that peace officers are people of integrity and, therefore, their written statement is deemed trustworthy. The provision is important because it ensures that the accused person is not deprived of their right to a fair trial due to an absence of evidence of service of documents or notices. Furthermore, the provision ensures that the burden of proof is on the person claiming to have served the document or notice to prove the same. In conclusion, Section 4(6) of the Criminal Code of Canada is a provision that provides for flexible ways in which the service of documents and notices can be proved in criminal proceedings. The provision recognizes that the person who claims to have served the document or notice may be the only person who has direct knowledge and thus provides for oral evidence under oath or affidavits. Additionally, the provision recognizes peace officers as trustworthy, and their written statements are deemed to be statements made under oath. Thus, the provision ensures that the accused person is not unfairly prejudiced by the absence of evidence of service.

STRATEGY

Section 4(6) of the Criminal Code of Canada provides for the proof of service of any document and the giving or sending of any notice. The section outlines two ways in which proof of service or notice can be established: by oral evidence given under oath, or by written statement by a peace officer certifying that the document or notice was served or given. In dealing with this section, there are several strategic considerations that one should bear in mind. First, it is important to understand the evidentiary value of the two methods of proof. Oral evidence given under oath by the person claiming to have served, given or sent the document or notice is generally considered to be more reliable than written statements by a peace officer. This is because the person giving the evidence is subject to cross-examination, which allows for a more thorough and rigorous examination of their claims. In contrast, a peace officer's written statement is not subject to cross-examination, and may be more easily challenged as hearsay evidence. Second, it is important to consider whether the circumstances of the case require the use of one method of proof over the other. For example, if the person claiming to have served or given the document or notice is not available to give evidence under oath, a written statement by a peace officer may be the only option. Similarly, if the document or notice was served or given in a public place or in the presence of witnesses, oral evidence given under oath may be more effective as it can be corroborated by other witnesses. Third, it is important to consider the potential impact of the evidence on the case. If the service of the document or notice is a key issue in the case, it may be important to establish the evidence through oral testimony rather than relying on a written statement by a peace officer. This is because oral testimony can provide more detail and context, which may be important in establishing the credibility of the evidence. Finally, it is important to ensure that the requirements of Section 4(6) are complied with when attempting to establish proof of service or notice. This includes ensuring that any written statement by a peace officer is in the required form, and that any oral testimony is given under oath or by way of solemn declaration. In order to effectively deal with Section 4(6) of the Criminal Code of Canada, a number of strategies can be employed. These may include: - Conducting a thorough investigation into the service of the document or notice, in order to identify any witnesses or other evidence that may support the claim of the person who served or gave the document or notice. - If relying on a written statement by a peace officer, ensuring that the statement is properly certified and conforms to the requirements of Section 4(6) of the Criminal Code of Canada. - Preparing the person who is giving oral testimony to ensure that they are able to provide detailed and credible evidence under cross-examination. - Anticipating potential challenges to the evidence, and preparing responses that are tailored to the specific circumstances of the case. - Ensuring that all procedural requirements are met, including the filing of any necessary affidavits or other documentation. Overall, the successful use of Section 4(6) of the Criminal Code of Canada requires a thorough understanding of the legal rules and procedures governing the proof of service and notice. By carefully considering the evidentiary options available, and employing appropriate strategies, it is possible to effectively establish the necessary proof in a wide range of criminal cases.