section 485(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for an adjournment and appropriate orders to be made if the accused has been misled or prejudiced in a proceeding due to any matter referred to in subsection (1).

SECTION WORDING

485(4) Where, in the opinion of the court, judge, provincial court judge or justice, an accused or a defendant who appears at a proceeding has been misled or prejudiced by reason of any matter referred to in subsection (1), the court, judge, provincial court judge or justice may adjourn the proceeding and may make such order as it or he considers appropriate.

EXPLANATION

Section 485(4) of the Criminal Code of Canada is an important provision that aims to protect the rights and interests of accused individuals during criminal proceedings. It provides for a legal remedy in case an accused person has been misled or prejudiced due to any matter referred to in subsection (1). Subsection (1) of this provision sets out various matters that could potentially mislead or prejudice an accused person. These include errors or omissions in the indictment, information or summons, errors or omissions in the process of selecting or empaneling the jury, or any other issue that may affect the fairness or impartiality of the proceedings. In such cases, the court, judge, provincial court judge or justice may adjourn the proceeding and make such orders as it or he considers appropriate. This could include, for example, a direction to the prosecution to provide additional disclosure, a request to the defence to provide further particulars, or an order for a new trial. The purpose of this provision is to ensure that criminal proceedings are conducted in a manner that is fair, just and transparent, and that respects the rights of the accused. It recognizes the importance of providing remedies in cases where the accused has been deprived of a fair trial due to any procedural errors or omissions. Overall, Section 485(4) is a critical provision for safeguarding the integrity of the criminal justice system in Canada, and for upholding the fundamental principle of due process in criminal cases.

COMMENTARY

Section 485(4) of the Criminal Code of Canada is a provision that seeks to ensure fairness and justice in criminal proceedings. When an accused or defendant is misled or prejudiced by any matter referred to in subsection (1), the court, judge, provincial court judge, or justice can adjourn the proceeding and make such order as it or he considers appropriate. This provision is essential because it recognizes that a fair trial is an essential component of justice and that an accused or defendant has the right to a fair trial. The provision applies when an accused or defendant is misled or prejudiced. Misleading or prejudice may occur in several ways. One of the typical ways of misleading is by withholding important information or evidence from the accused or defendant. In such situations, the accused may not have all the facts required for a fair trial. This provision recognizes that the accused or defendant has a right to access all the pertinent information or evidence that could impact the outcome of the trial. Prejudice may also occur when there is a breach of the accused or defendant's rights. For instance, if the police violate the accused person's Charter rights or engage in other unlawful conduct, it may increase the likelihood of a wrongful conviction. In such situations, the judge or justice may need to adjourn the proceeding to ensure that the accused or defendant receives a fair trial. Overall, the concept of fairness underpins this provision. It recognizes that an accused person has the right to a fair trial and that any action that compromises this right must be remedied. This provision, therefore, serves as a safeguard against wrongful convictions and miscarriages of justice. However, there are also some critiques of this provision. Some argue that it may be prone to abuse by defense lawyers. For instance, a defense lawyer may abuse this provision by seeking adjournment to delay the trial or to gain an advantage. Such abuses may lead to unnecessary delays in the administration of justice, which is not in the interest of society. However, this potential for abuse should not overshadow the significance of the provision in safeguarding fairness and justice in criminal proceedings. In conclusion, Section 485(4) of the Criminal Code of Canada is an essential provision that recognizes the importance of fairness and justice in criminal proceedings. It provides a mechanism to remedy situations where an accused or defendant is misled or prejudiced. While the provision may be prone to abuse, its importance in safeguarding justice and preventing wrongful convictions cannot be overstated. As such, courts, judges, provincial court judges, and justices must be cautious in deciding when to exercise this provision.

STRATEGY

Section 485(4) of the Criminal Code of Canada is an important provision that gives judges, courts, and justices broad discretion to adjourn proceedings and issue orders when an accused or defendant has been misled or prejudiced by any matter referred to in subsection (1). This provision is designed to protect the rights of individuals who are facing criminal charges and ensure that they receive a fair and just trial. There are several strategic considerations that legal professionals should keep in mind when dealing with this section of the Criminal Code. Some of the key strategies that can be employed include: 1. Identify potential issues early: To take advantage of the protections afforded by Section 485(4), legal professionals must identify potential issues that could mislead or prejudice their clients. This may include issues related to witness testimony, evidence gathering, or procedural matters. By identifying potential issues early, legal professionals can develop effective strategies to address them and protect their clients' rights. 2. Gather evidence: To support a motion for adjournment or other orders under Section 485(4), legal professionals must gather compelling evidence that demonstrates how their clients have been misled or prejudiced by the matter at hand. This may involve conducting interviews with witnesses, reviewing case law, or gathering other relevant information. 3. Be strategic in making motions: Legal professionals must be strategic in making motions under Section 485(4). This involves carefully considering the timing and nature of the motion, as well as the arguments that will be made in support of it. By presenting a compelling case to the judge or justice, legal professionals can increase the likelihood of obtaining a favorable outcome for their clients. 4. Advocate for appropriate remedies: When making a motion under Section 485(4), legal professionals should be prepared to advocate for appropriate remedies that will address the issues that have led to the client's prejudice or misunderstanding. This may include seeking an adjournment of the proceedings, requesting additional disclosure, or asking for a change of venue. The goal is to find a remedy that will protect the client's rights and ensure a fair trial. 5. Work collaboratively with the court: Finally, legal professionals should work collaboratively with the court when making motions under Section 485(4). This involves presenting a compelling case while also being respectful and professional in all interactions with the judge or justice. By demonstrating a commitment to the principles of fairness and justice, legal professionals can increase the likelihood of obtaining a favorable outcome for their clients. In conclusion, Section 485(4) of the Criminal Code of Canada is an important provision that protects the rights of accused and defendant individuals during legal proceedings. By being strategic and diligent in identifying potential issues, gathering evidence, making motions, advocating for remedies, and working collaboratively with the court, legal professionals can ensure that their clients receive a fair and just trial.