Criminal Code of Canada - section 536(4.2) - Preliminary inquiry if two or more accused

section 536(4.2)

INTRODUCTION AND BRIEF DESCRIPTION

If multiple people are charged and at least one of them requests a preliminary inquiry, the inquiry must be held for all of them.

SECTION WORDING

536(4.2) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4), a preliminary inquiry must be held with respect to all of them.

EXPLANATION

Section 536(4.2) of the Criminal Code of Canada is a legal provision that applies to situations where two or more individuals have been jointly charged with a criminal offense. This section specifies that if one or more of the accused persons request a preliminary inquiry under subsection (4), then a preliminary inquiry must be held for all of them. A preliminary inquiry is a court proceeding that is held before a trial to determine whether there is enough evidence to proceed with a trial. The purpose of a preliminary inquiry is to ensure that trials are not held against individuals who do not have sufficient evidence against them. It is also an opportunity for the accused to see the evidence against them and prepare their defense accordingly. The requirement for a joint preliminary inquiry in situation where two or more individuals are accused of the same criminal offence is important because it ensures that all of the accused have an equal opportunity to be heard and to defend themselves against the charges. This provision is intended to prevent situations where some of the accused are subjected to a preliminary inquiry while others are not, which could lead to an unfair advantage. In conclusion, section 536(4.2) of the Criminal Code of Canada is an important legal provision that ensures that all accused individuals in a joint charge situation have an equal opportunity to defend themselves at a preliminary inquiry. It serves to uphold the fundamental principles of fairness and justice in criminal proceedings.

COMMENTARY

Section 536(4.2) of the Criminal Code of Canada is a provision that governs the process of conducting preliminary inquiries when multiple individuals are charged jointly in an information. The section stipulates that if two or more people are charged jointly in an information and one or more of them requests a preliminary inquiry under subsection (4), the preliminary inquiry must be conducted for all of them. The purpose of this section is to ensure that all individuals who are jointly charged receive the same degree of legal protection during the preliminary inquiry process, regardless of whether or not they individually requested the inquiry. This provision is important because it ensures that all individuals involved are treated fairly, and the process is conducted in a manner that is consistent with the principles of justice. Joint charges are common in criminal proceedings, and they may involve multiple defendants being accused of committing a crime together. In such a scenario, it is possible that one or more of the individuals charged may want to have a preliminary inquiry, while the others may not. For instance, one of the individuals may believe that the evidence against them is weak and therefore wants to have a preliminary inquiry to examine the evidence against them, while the others may not desire such an inquiry. In this context, Section 536(4.2) is an important provision because it ensures that the preliminary inquiry process is conducted for all individuals who are charged jointly. This provision also ensures that any weaknesses or flaws in the evidence against any of the individuals can be identified and addressed during the preliminary inquiry, thus helping to safeguard the rights of all individuals involved. Moreover, this provision promotes efficient and cost-effective criminal proceedings by ensuring that all individuals who are jointly charged are subject to the same rules and procedures during the preliminary inquiry process. This helps to prevent situations where some individuals may be exempted from the preliminary inquiry process, which would create an inconsistent and unfair system. It also helps to avoid situations where individuals may have their cases dismissed on technicalities or procedural grounds, contributing to the overall efficiency and effectiveness of the criminal justice system. In conclusion, Section 536(4.2) of the Criminal Code of Canada is a crucial provision that ensures that all individuals who are jointly charged in an information receive equal protection during the preliminary inquiry process. This provision promotes the principles of justice, fairness, and equality in the criminal justice system, and helps to ensure that the system is efficient and effective. By guaranteeing that all individuals are subject to the same procedures, this provision helps to safeguard the rights of all individuals involved, while also ensuring that the criminal justice system operates with consistency and transparency.

STRATEGY

Section 536(4.2) of the Criminal Code of Canada is a provision that can have significant effects on the outcome of a criminal case. This section requires a preliminary inquiry to be held for all co-accused if one or more of them make a request for such an inquiry. As a result, it is important for practitioners to be aware of this provision as well as the various strategic considerations that may arise when dealing with it. One of the first considerations is whether to make a request for a preliminary inquiry at all. This decision will depend on a number of factors, such as the strength of the Crown's case, the complexity of the legal issues involved, the nature of the evidence, and the resources available to the defence. If a preliminary inquiry is requested, it can provide an opportunity for the defence to test the Crown's case, cross-examine key witnesses, and identify weaknesses in the evidence. This can be particularly useful in cases where there is conflicting evidence or where the Crown's case relies heavily on circumstantial evidence. Another important consideration is whether to request separate preliminary inquiries for different co-accused. While section 536(4.2) requires a preliminary inquiry to be held for all co-accused if one or more make a request, this does not necessarily mean that all co-accused will receive the same benefit from the inquiry. In some cases, the interests of co-accused may be divergent, and it may be strategically advantageous for one or more of them to have a separate inquiry. In addition to these considerations, there are a number of strategies that can be employed when dealing with section 536(4.2). For example, the defence may seek to delay the preliminary inquiry in order to gather additional evidence or to allow for the resolution of outstanding legal issues. Alternatively, the defence may seek to expedite the inquiry in order to take advantage of any weaknesses in the Crown's case. Another strategy that can be effective is to negotiate with the Crown in order to reduce or eliminate charges against one or more co-accused. This can enable the remaining co-accused to focus on defending against the remaining charges, which may be more manageable or easier to defend against. Overall, it is clear that section 536(4.2) can have a significant impact on the outcome of a criminal case, and practitioners must be aware of its provisions and strategic implications. By carefully considering the various factors and employing effective strategies, the defence can increase the chances of achieving a favourable outcome for their client(s).