Criminal Code of Canada - section 4(7) - Attendance for examination

section 4(7)

INTRODUCTION AND BRIEF DESCRIPTION

The court may require a person who signed an affidavit or statement to appear for examination or cross-examination regarding proof of service or notice.

SECTION WORDING

4.(7) Despite subsection (6) or (6.1), the court may require the person who appears to have signed an affidavit, a solemn declaration or a statement in accordance with that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or of the giving or sending of any notice.

EXPLANATION

Section 4(7) of the Criminal Code of Canada provides for a specific circumstance where a person who has signed an affidavit, a solemn declaration, or a statement in accordance with subsection (6) or (6.1) can be required to appear before the court for examination or cross-examination. The purpose of this provision is to ensure that the court can obtain further evidence when proof of service or the giving or sending of any notice is in question. Subsections (6) and (6.1) of section 4 deal with the manner in which an affidavit, a solemn declaration, or a statement can be provided as evidence in court. Typically, these are used as a means of providing evidence without a person having to physically appear in court. However, in certain situations, it may be necessary for the person who signed the document to appear before the court in order to clarify certain issues. In such cases, section 4(7) allows the court to require the person to appear for examination or cross-examination in order to establish the proof of service, the giving or sending of any notice, or any other matter related to these issues. This provision ensures that the court has the necessary information before it, in order to make an informed decision based on the evidence presented. Overall, section 4(7) is an important provision within the Criminal Code of Canada, as it allows the court to ensure that justice is served by providing a means of obtaining further evidence when required.

COMMENTARY

Section 4(7) of the Criminal Code of Canada is an essential provision in ensuring the proper administration of justice. It provides a mechanism for the court to examine and cross-examine an individual who appears to have signed an affidavit, a solemn declaration, or statement in accordance with subsection (6) or (6.1) of the Code. This provision applies when the issue of proof of service or the giving or sending of a notice is questioned. The court may require the person who appears to have signed the document in question to appear before it to answer questions related to the matter in question. The provision recognizes that there may be situations where the authenticity of a document is in doubt. Therefore, it provides a platform for the court to examine the individual who appears to have signed the document so that it can determine, based on the evidence presented, whether or not the document is genuine. It is crucial to note that this provision is not intended to be used as a fishing expedition or a tool to harass or intimidate individuals. The court must have a genuine reason to require the person who appears to have signed an affidavit, a solemn declaration, or statement to appear before it for examination or cross-examination. If the court determines that there is no reason to suspect that the document is fraudulent, the provision does not apply. In summary, Section 4(7) of the Criminal Code of Canada is a crucial provision in ensuring that the administration of justice is fair, just, and transparent. It provides a platform for the court to examine and cross-examine individuals who appear to have signed documents related to the issue of proof of service or the giving or sending of a notice. It is a tool that can be used to uphold the integrity of the legal system, and it must be used judiciously and with respect for individual rights.

STRATEGY

Section 4(7) of the Criminal Code of Canada grants the court the authority to call for an individual to appear before it for examination or cross-examination to provide proof of service or to demonstrate the giving or sending of any notice. This provision is significant as it provides an avenue for individuals to challenge the validity of a service or notice and for parties to demonstrate compliance with procedural requirements. When dealing with section 4(7), there are several strategic considerations that one needs to bear in mind. These are: 1. Preparation: Before approaching the court to invoke section 4(7), it is crucial to gather and organize all the relevant evidence that will be needed to convince the court. This could include copies of the affidavit, solemn declaration, or statement in question, and any other supporting documents, such as emails, letters, or records of service. 2. Timing: The timing of the request to employ section 4(7) is a crucial consideration. It is imperative to ensure that the request is made before the expiry of any applicable limitation period. It may also be beneficial to consider the stage of the legal proceedings and whether the delay caused by invoking 4(7) could have an adverse impact on the outcome of the case. 3. Cost implications: The cost implications of using section 4(7) should also be considered, especially if it involves calling in expert witnesses or lengthy cross-examination. Parties must weigh the potential benefits of using this provision against the costs involved. 4. The credibility of the witnesses: When invoking section 4(7), the credibility of the witnesses is crucial. The witnesses must be able to provide clear and convincing evidence regarding the issue of proof or service. 5. The scope of the examination: The scope of the examination is also important when dealing with section 4(7). The court must limit the examination to the specific issue at hand and avoid delving into matters that are outside the scope of the request. Strategies that could be employed when invoking section 4(7) include: 1. Providing detailed and well-organized evidence that demonstrates proof or service or the giving or sending of a notice. 2. Having reliable witnesses who can provide credible evidence. 3. Arguing forcefully that any non-compliance was not intentional and that the party did everything possible to comply with procedural requirements. 4. Requesting that the examination be limited to the specific issue at hand and avoid delving into unrelated matters. 5. Offering to cover any costs associated with invoking section 4(7) to demonstrate good faith and cooperation with the court. In conclusion, invoking section 4(7) of the Criminal Code of Canada can help parties seeking to demonstrate compliance with procedural requirements or challenge the validity of a service or notice. However, parties must weigh the potential benefits and cost implications and ensure that they are adequately prepared to meet the requirements of invoking this provision. By taking into account the above strategic considerations and employing the appropriate strategies, parties can maximize the chances of success when invoking section 4(7).