section 475(4)

INTRODUCTION AND BRIEF DESCRIPTION

Counsel for an accused person can still act on their behalf even if the accused has absconded during their trial.

SECTION WORDING

475(4) Where an accused has absconded during the course of his trial and the court continues the trial, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings.

EXPLANATION

Section 475(4) of the Criminal Code of Canada concerns a situation in which an accused person absconds, or flees, during the course of their trial. This may occur for a variety of reasons, such as fear of facing conviction and sentencing, or an attempt to avoid extradition to another jurisdiction. In such cases, the court is tasked with continuing the trial in the absence of the accused. However, Section 475(4) emphasizes that counsel for the accused is not deprived of their authority to act on behalf of the accused in the proceedings. This means that even if the accused is not present in court, their defense lawyer may still represent their interests and make arguments on their behalf. Counsel may continue to file motions, cross-examine witnesses, and make submissions to the judge. This provision ensures that an accused person is not unfairly disadvantaged if they choose to abscond during their trial. While the accused's physical absence may complicate the proceedings, their legal interests are still protected by their defense counsel. Without this safeguard, the right to a fair trial could be compromised. Notably, Section 475(4) reinforces the importance of legal representation in criminal proceedings. It recognizes that even in exceptional circumstances, such as when a defendant absconds, the right to counsel remains a fundamental aspect of Canada's justice system.

COMMENTARY

Section 475(4) of the Criminal Code of Canada is an important provision that gives counsel the authority to act for the accused in their absence if the accused has absconded during the course of their trial. This provision ensures that the accused's right to counsel is not limited or taken away simply because they have chosen to flee the court process. In Canada, every person is entitled to a fair trial, which includes the right to legal representation. It is the role of defence counsel to act in the best interests of their clients and to ensure that their rights are protected during court proceedings. However, if an accused individual absconds during their trial and does not return to court, their right to counsel may appear to be lost. Section 475(4) ensures that counsel can still represent their client's interests when the trial continues without them, thereby preserving the right to a fair trial. This provision addresses a situation where an accused person may abscond from their trial for a variety of reasons, such as fear, intimidation, or uncertainty about the legal process. By continuing the trial in the absence of the accused, the court can still hear all the relevant evidence and make a determination of guilt or innocence. However, it is important to note that the absence of the accused may also impact the decision-making process of a court. Counsel representing an absconded accused may need to make additional arguments or submissions to ensure that their client's interests are fully represented before the court. One potential issue with Section 475(4) is the potential for the judiciary to overlook or downplay the importance of the accused's right to counsel. While the provision ensures that the accused's legal representation can continue uninterrupted, it also places a greater burden on defence counsel to advocate for their absconded clients. This additional burden could impact the quality of representation for the accused if counsel does not take sufficient steps to assert their legal rights. Additionally, there may be situations where an accused person has absconded but has not done so willingly, such as if they are incarcerated and cannot attend their trial. In these cases, Section 475(4) may not provide adequate protection for the accused's right to counsel, and other legal remedies may be required. In conclusion, Section 475(4) of the Criminal Code of Canada is an important provision that ensures continuity of legal representation for the accused if they abscond during their trial. This provision recognizes the importance of the right to legal representation and ensures that counsel can continue to advocate for their clients' interests, even if the accused is not present. However, defence counsel must remain vigilant to avoid any potential biases against absent clients, and judicial authorities must remain mindful of the importance of ensuring that the accused's right to counsel is fully protected in all cases.

STRATEGY

Section 475(4) of the Criminal Code of Canada provides a unique challenge for defense counsel when their client absconds during the course of the trial. Absconding is defined as fleeing or hiding to avoid arrest or prosecution. It is not uncommon for defendants facing criminal charges to abscond when faced with the potential consequences of being convicted. However, defense counsel must continue to represent the accused even if they are absent from the trial. Here are some strategic considerations and strategies that can be employed when dealing with Section 475(4) of the Criminal Code of Canada. Strategic Considerations: 1. Pre-trial Preparation: The best strategy for dealing with an absconding accused is to be well prepared before the trial begins. This means conducting thorough pre-trial investigation, gathering relevant evidence, and preparing a strong defense strategy. If the accused absconds, then the defense counsel can be better prepared to continue the trial without their client. 2. Managing Client Expectations: Defense counsel must manage their client's expectations regarding the potential consequences of absconding. This includes making the accused aware of the legal implications of absconding, likely outcomes of the trial and the impact it may have on their life and their family's life. 3. Communicating with the Court: As defense counsel, it is important to communicate with the court about the absence of the accused. This includes informing the court of the accused's whereabouts if known, and continuing to provide updates on their status throughout the trial. 4. Maintaining Confidentiality: Defense counsel must maintain confidentiality and protect their client's rights, even if they are absent from the trial. They must continue to pursue the best possible outcome, keeping in mind that they represent the accused, and not the interests of others who may be involved in the case. Strategies: 1. Adjournment: Defense counsel can request an adjournment to allow time for the accused to be located. This may allow the defense counsel to continue to work with their client to prepare the case and be more effective in the trial. 2. Continuance of Proceedings without the accused: Defense counsel can continue the trial without their client being present, as long as they have received authorization from the court. However, this may be challenging as absent accused may miss evidence against them. 3. Working with other legal authorities: Defense counsel can work with other legal authorities to locate the accused, such as engaging private investigators and working with the police. 4. Plea Negotiations: Defense counsel may consider entering plea negotiations with the Crown to avoid a conviction that may be damaging to the accused. This may involve a guilty plea or a reduced sentence. In conclusion, Section 475(4) of the Criminal Code of Canada presents a unique challenge for defense counsel. However, with the right strategic considerations and strategies, defense counsel can continue to represent their client and pursue the best possible outcome in the trial. The key is to be well-prepared, communicate effectively, and be creative in finding practical solutions to the situation.