INTRODUCTION AND BRIEF DESCRIPTION
Section 486(2) of the Criminal Code of Canada states that the proper administration of justice includes the protection of witnesses under 18 years old and justice system participants.
SECTION WORDING
486(2) For the purposes of subsection (1), the "proper administration of justice" includes ensuring that (a) the interests of witnesses under the age of eighteen years are safeguarded in all proceedings; and (b) justice system participants who are involved in the proceedings are protected.
EXPLANATION
Section 486(2) of the Criminal Code of Canada is a provision that highlights the importance of the proper administration of justice. It outlines the circumstances in which the interests of witnesses under the age of eighteen years must be safeguarded in all proceedings and the protection of justice system participants who are involved in the proceedings. The primary purpose of this provision is to ensure that the administration of justice is carried out fairly and equitably, with respect for the dignity and safety of all involved parties. By safeguarding the interests of witnesses under the age of eighteen years, the justice system acknowledges the vulnerability of children and the need to provide them with a safe and supportive environment when they are called upon to participate in legal proceedings. Furthermore, by ensuring that justice system participants involved in the proceedings are protected, the provision recognizes the risks that may arise from their involvement in criminal cases. For example, police officers, prosecutors, and judges may face threats, intimidation, or harassment as a result of their role in the administration of justice. In such cases, the provision allows for appropriate measures to be taken to protect them and ensure that they can carry out their duties without fear of harm. Overall, Section 486(2) of the Criminal Code of Canada is an important provision that emphasizes the need for a fair and just administration of justice. It recognizes the unique vulnerabilities and risks faced by various parties involved in criminal proceedings and provides for effective safeguards to ensure their safety and well-being.
COMMENTARY
Section 486(2) of the Criminal Code of Canada is a crucial element of Canada's justice system. This section pertains to the proper administration of justice, which is a fundamental aspect of any judicial system. This law recognizes that the administration of justice encompasses more than just following the law. It also includes protecting the interests of the vulnerable and ensuring that justice system participants are safeguarded in all proceedings. One of the most significant components of section 486(2) is the protection of witnesses under the age of eighteen. Children and youth are among the most vulnerable members of society, and this law recognizes that they require special protection when participating in legal proceedings. The interests of these witnesses must be safeguarded in all proceedings. This means that the court must take steps to ensure that these witnesses are safe, comfortable, and not unduly traumatized by the legal process. For example, in child abuse cases, a child may be asked to testify against their abuser. The child may be fearful of the abuser or feel threatened even when testifying, and the court must ensure that these fears are addressed. The court may allow the child to testify via video conference or with a support person present. The main aim is that the child is not further traumatized by the process. Furthermore, information that could reveal the identity of the child must be kept confidential. Another critical aspect of Section 486(2) is to ensure that justice system participants are protected. This covers lawyers, judges, court clerks, court reporters, police officers, and others involved in legal proceedings. These individuals are exposed to a variety of risks during their work, including threats to their safety and security. The direct threat to personal safety may arise from individuals who have a history of violent behavior, including witnesses, defendants, or family members of either. For example, in 2021, the trial of a man accused of killing ten people with a van started in Toronto. The trial was held under exceptional measures such as juror face masks and a courtroom closed to the public due to the Covid-19 pandemic. The alleged killing of ten people via the use of a vehicle could have led to heightened emotions and severe threats. It was imperative that justice system participants involved in the trial were protected and secure. Thus, this section of the Criminal Code of Canada plays a crucial role in safeguarding those involved in the legal system and protecting the interests of vulnerable witnesses. It helps promote access to justice through ensuring the proper administration of justice. By ensuring the protection and safety of individuals involved in judicial proceedings, the justice system can maintain legitimacy and inspire public faith in the system. This law also sends a message that the administration of justice is not just a legal process; it is a human process. It is a process that recognizes the importance of protecting the dignity and well-being of those involved in legal proceedings. Thus, Section 486(2) of the Criminal Code of Canada is a vital component of the Canadian justice system.
STRATEGY
Section 486(2) of the Criminal Code of Canada demands crucial strategic considerations for legal practitioners and parties involved in criminal proceedings. This section elevates the importance of safeguarding the interests of vulnerable groups such as minors and justice system participants. To achieve that, strategies aimed at protecting both parties and ensuring fairness are necessary. One major strategy that lawyers should employ is the proper preparation of witnesses. Since the section mandates the safeguarding of the interests of witnesses, young witnesses, in particular, need special attention. Measures such as providing them with a quiet room to relax before testifying, connecting them with specialized counselors trained to provide emotional support, and ensuring that their appearance in court is minimally intimidating can go a long way in preventing harm to children. These strategies help ensure that young witnesses can participate meaningfully in criminal proceedings without undue psychological and emotional trauma. Similarly, justice system participants, such as lawyers, judges, jurors, and court staff, require safeguarding as they are also vulnerable in the face of criminal proceedings. Lawyers need to be mindful of strategic considerations such as developing safety measures for participants, especially in high-profile cases. Provision of counseling services to justice system participants can also protect their emotional wellbeing during high stakes proceedings. Another strategic consideration is the use of closed-circuit television (CCTV), where appropriate, during testimonies. In situations where minors or vulnerable participants are giving evidence, the use of CCTV can protect them from direct confrontation with the accused persons in court, thus minimizing trauma and anxiety. The use of CCTV can also ensure that the accused persons have the right to face their accusers under the law, while minimizing trauma to vulnerable groups. Ensuring that legal practitioners are fully informed of the implications of transgressing section 486(2) is another significant strategy to employ. Lawyers must be aware of the potential consequences that may result from breaching the section. Any failure to protect the interests of witnesses or court participants may result in mistrials or, worse still, harm to vulnerable groups. In conclusion, strategic considerations in relation to section 486(2) highlights the importance of safeguarding vulnerable groups such as minors and justice system participants. Lawyers and court staff must take the necessary steps to ensure the proper administration of justice, which includes prioritizing the interests of vulnerable parties. Effective strategies aimed at protecting vulnerable populations and maintaining the fairness of criminal proceedings, such as adequate witness preparation, provision of counseling services, CCTV usage, and educating lawyers, are crucial for ensuring justice.