INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the powers of a justice in regards to adjourning an inquiry, remanding an accused to custody, receiving evidence and regulating the course of the inquiry, and other related matters.
SECTION WORDING
537(1) A justice acting under this Part may (a) adjourn an inquiry from time to time and change the place of hearing, where it appears to be desirable to do so by reason of the absence of a witness, the inability of a witness who is ill to attend at the place where the justice usually sits or for any other sufficient reason; (b) remand the accused to custody for the purposes of the Identification of Criminals Act; (c) except where the accused is authorized pursuant to Part XVI to be at large, remand the accused to custody in a prison by warrant in Form 19; (d) resume an inquiry before the expiration of a period for which it has been adjourned with the consent of the prosecutor and the accused or his counsel; (e) order in writing, in Form 30, that the accused be brought before him, or any other justice for the same territorial division, at any time before the expiration of the time for which the accused has been remanded; (f) grant or refuse permission to the prosecutor or his counsel to address him in support of the charge, by way of opening or summing up or by way of reply on any evidence that is given on behalf of the accused; (g) receive evidence on the part of the prosecutor or the accused, as the case may be, after hearing any evidence that has been given on behalf of either of them; (h) order that no person other than the prosecutor, the accused and their counsel shall have access to or remain in the room in which the inquiry is held, where it appears to him that the ends of justice will be best served by so doing; (i) regulate the course of the inquiry in any way that appears to the justice to be consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5; (j) where the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the inquiry other than a part in which the evidence of a witness is taken; (j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and (k) for any part of the inquiry other than a part in which the evidence of a witness is taken, require an accused who is confined in prison to appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.
EXPLANATION
Section 537(1) of the Criminal Code of Canada outlines the powers of a justice when conducting an inquiry. An inquiry is a preliminary hearing to determine whether there is enough evidence to proceed with a trial. The section provides a list of powers a justice may use to ensure the inquiry runs smoothly and fairly. These powers include the ability to adjourn the inquiry, change the location of the hearing, and order the accused to be remanded in custody. The justice can also regulate the inquiry's course and permit the prosecutor or accused to present their case in various ways. Additionally, the justice can order that the inquiry's proceedings be private when it serves the best interest of justice. The section also permits certain accommodations, such as allowing the accused to appear by closed-circuit television or allowing them to leave the room at their request. These accommodations provide flexibility and fairness, allowing all parties involved to exercise their rights and have their day in court. Overall, this section emphasizes the importance of ensuring a fair and efficient inquiry process that protects everyone's legal rights and promotes the administration of justice in Canada.
COMMENTARY
Section 537(1) of the Criminal Code of Canada outlines the powers of a justice in conducting an inquiry. The section provides the justice with the authority to adjourn an inquiry, change the place of hearing, remand the accused to custody, grant or refuse permission to the prosecutor or his counsel, receive evidence on the part of the prosecutor or the accused, regulate the course of the inquiry, permit the accused to appear by counsel or by closed-circuit television, permit the accused to be out of court during the whole or any part of the inquiry, and require an accused who is confined in prison to appear by closed-circuit television. The provision highlights the flexible nature of an inquiry and empowers the justice to take appropriate steps to ensure the administration of justice is fair and just. For instance, the justice can adjourn an inquiry from time to time, or change the place of hearing, where it appears desirable to do so by reason of the absence of a witness, the illness of a witness, or for any other sufficient reason. By doing so, the justice ensures that the witness can appear before the court and provide testimony. Additionally, the justice can remand the accused to custody if the circumstances warrant it. The section outlines the requirement to remand the accused to custody for the purposes of the Identification of Criminals Act, and it permits the justice to remand the accused to custody in prison if the accused is not authorized to be at large under Part XVI. Furthermore, the justice can regulate the course of the inquiry in any way that appears to the justice to be consistent with the Criminal Code and that is in accordance with any admission of fact or agreement made under subsection 536.4(2) or section 536.5. This provision ensures that inquiries are conducted in a manner that is consistent with the law, and it allows the justice to tailor the proceedings to the particular circumstances of the case. Moreover, the provision grants the justice the authority to grant or refuse permission to the prosecutor or his counsel to address the court in support of the charge, by way of opening or summing up, or by way of reply on any evidence that is given on behalf of the accused. Additionally, the justice can receive evidence on behalf of the prosecutor or the accused and can require an accused who is confined in prison to appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication. Overall, the provision ensures that inquiries are conducted fairly and efficiently, and it empowers the justice to take appropriate steps to ensure that justice is served. It highlights the importance of the flexible nature of the inquiry process and the discretion given to the justice to tailor proceedings to the specific circumstances of each case. Ultimately, Section 537(1) plays an essential role in facilitating the administration of justice in Canada.
STRATEGY
When dealing with section 537(1) of the Criminal Code of Canada, there are several strategic considerations that can make the difference between a successful inquiry and a failed one. Some of the key strategies that one can employ include the following: 1. Understanding the scope of the section: The first and most important consideration when dealing with section 537(1) is to understand its scope. This section provides for a range of powers that a justice can exercise in the course of an inquiry. These powers include the power to adjourn an inquiry, remand the accused to custody, receive evidence, regulate the course of the inquiry, and permit the accused to appear by counsel or by closed-circuit television. Knowing the range of powers available can help a lawyer to plan their case more effectively. 2. Focusing on the needs of the inquiry: The second consideration is to focus on the needs of the inquiry. In particular, the lawyer should identify the key issues that need to be resolved and the most effective way to do so. For example, if there is a witness who is unable to attend, the lawyer may want to consider an adjournment or a change of venue. On the other hand, if the issue is one of evidence, the lawyer may want to focus on receiving evidence from both the prosecutor and the accused. 3. Developing a strong argument: The third consideration is to develop a strong argument in support of the lawyer's position. This can be done by presenting evidence, citing relevant legal precedents, and making persuasive arguments. It is important to tailor the argument to the specific needs of the case and to anticipate any counter-arguments that may arise. 4. Anticipating objections: The fourth consideration is to anticipate objections that may be raised by the prosecutor or the court. For example, the prosecutor may object to the admissibility of evidence or may argue that the inquiry should be adjourned. By anticipating these objections and preparing a strong response, the lawyer can improve the chances of success. 5. Building relationships with key stakeholders: The fifth consideration is to build strong relationships with key stakeholders such as the judge, the prosecutor, and the accused. This can be done by being respectful, courteous, and professional in all interactions, by communicating regularly and effectively, and by building trust and rapport. In summary, when dealing with section 537(1) of the Criminal Code of Canada, it is important to understand its scope, focus on the needs of the inquiry, develop a strong argument, anticipate objections, and build relationships with key stakeholders. By employing these strategies, lawyers can improve their chances of success in the course of an inquiry.