INTRODUCTION AND BRIEF DESCRIPTION
This section allows prosecutors to use any admissible admission, confession or statement made by the accused in evidence at a preliminary inquiry.
SECTION WORDING
542(1) Nothing in this Act prevents a prosecutor giving in evidence at a preliminary inquiry any admission, confession or statement made at any time by the accused that by law is admissible against him.
EXPLANATION
Section 542(1) of the Criminal Code of Canada allows for the admissibility of certain statements, admissions, and confessions made by the accused in a preliminary inquiry, provided that they are admissible under Canadian law. A preliminary inquiry is a legal process used to determine if there is enough evidence to proceed to trial. During this process, the prosecutor can introduce evidence, such as witness testimony or physical evidence, to support the charges against the accused. However, the wording of section 542(1) of the Criminal Code of Canada provides an exception to the rules of evidence during a preliminary inquiry. It allows a prosecutor to introduce any previously made admission, confession, or statement that is legally admissible against the accused, even if it would not normally be admissible at trial. This can include statements made to police officers, witnesses, or others, as long as they meet certain legal criteria. One of the key legal criteria for admissibility of evidence is whether the statement was made voluntarily. For example, a confession obtained through coercion or intimidation would be considered legally inadmissible. Additionally, there are rules regarding the admissibility of hearsay evidence, which refers to statements made outside of court by someone not present to testify. Generally, hearsay evidence is not admissible in court, but it may be allowed at a preliminary inquiry if it meets certain requirements. Overall, section 542(1) of the Criminal Code of Canada is an important piece of legislation that allows for the introduction of key evidence during a preliminary inquiry, which can help determine whether a case merits a full trial. However, it is essential that any evidence introduced meets the legal criteria for admissibility to ensure a fair trial for the accused.
COMMENTARY
Section 542(1) of the Criminal Code of Canada is an important provision that governs the use of admissions, confessions, and statements made by an accused during the preliminary inquiry process. Essentially, this section allows prosecutors to introduce evidence obtained from the accused that is admissible under Canadian law. The use of admissions, confessions, and statements made by an accused is a controversial topic in criminal law. On the one hand, these types of evidence can be very compelling and can help to establish guilt beyond a reasonable doubt in a criminal trial. On the other hand, they can be problematic if they were obtained through improper means, such as coercion or duress. In the context of a preliminary inquiry, these concerns are particularly acute. Preliminary inquiries are an important step in the criminal justice process, as they allow the accused and their counsel to review the evidence against them and to test the strength of the case. However, preliminary inquiries are also less formal than trials, and the rules of evidence are somewhat relaxed. This means that there is a risk that evidence obtained from an accused during a preliminary inquiry may be inadmissible at trial, even if it was admitted at the inquiry. Section 542(1) attempts to address this issue by clarifying that admissions, confessions, and statements made by an accused during a preliminary inquiry can be used at trial if they are admissible under Canadian law. This means that prosecutors can still introduce this type of evidence at trial if it was obtained in a lawful manner and meets the requirements of admissibility. While this provision has been criticized by some as being overly broad and potentially unfair to accused persons, it is important to note that it is subject to the overarching principle of fairness and the requirements of due process under the Canadian Charter of Rights and Freedoms. This means that any evidence obtained in a manner that violates an accused person's constitutional rights, such as the right to remain silent or the right to counsel, will not be admissible at trial. In addition, it is worth noting that section 542(1) does not give prosecutors a blank check to introduce any admission, confession, or statement made by an accused at a preliminary inquiry. Rather, it allows for the admissibility of such evidence only if it meets the requirements of Canadian law. This means that prosecutors must still adhere to the rules of evidence, which require them to establish the reliability and credibility of any evidence they wish to introduce. Overall, section 542(1) of the Criminal Code of Canada plays an important role in ensuring that evidence obtained from an accused during a preliminary inquiry is admissible at trial if it meets the requirements of Canadian law. While concerns have been raised about the potential for abuse, this provision is subject to the overarching principle of fairness and the requirements of due process under the Charter. As such, it strikes an appropriate balance between the interests of the state and the rights of the accused in the pursuit of justice.
STRATEGY
Section 542(1) of the Criminal Code of Canada allows prosecutors to introduce evidence against the accused at a preliminary inquiry which may include confessions, admissions or statements that are admissible in law. This section is important in criminal proceedings as it can be used as evidence to prove the guilt of the accused. However, there are strategic considerations that must be taken into account when dealing with this section of the code. One of the primary considerations is the admissibility of the evidence under the law. The prosecutor must ensure that any evidence presented to the court meets the standards of admissibility and is relevant to the charges. Inadmissible evidence can be challenged and excluded by the court, and this can weaken the case against the accused. Therefore, the prosecutor should carefully evaluate the evidentiary value of the statement and its admissibility before presenting it at the preliminary inquiry. Another consideration is the potential impact of the evidence on the case and the accused. For instance, if the confession was obtained under duress or coercion, it may be inadmissible in court, and improper use of such evidence may lead to a constitutional challenge. Similarly, if the confession contains information that could be prejudicial to the accused or is inconsistent, it could weaken the prosecution's case, and it may not be in their best interest to present it at the inquiry. Strategic considerations also apply to how the evidence is presented. The prosecutor must ensure that they have all relevant documents and witnesses and prepare them adequately before the preliminary inquiry. The prosecutor must also determine the best possible time to present the evidence in the inquiry and whether it is necessary or whether they can rely on other evidence to prove the case. Typically, a prosecutor would present statements or confessions early in the inquiry to set the stage for other evidence. In terms of strategies, prosecutors can take various approaches when dealing with section 542(1) of the Criminal Code of Canada. They can use the admissible evidence to prove the case against the accused or to establish the elements of the offence. This approach could be useful when the evidence is considered compelling and can lead to conviction. Alternatively, the prosecutor could use the evidence to leverage plea bargaining if the evidence is deemed inadmissible or could weaken the case. Another potential strategy is to prevent the accused from making any statements that could be used against them. The defence counsel can advise the accused not to make any statements during the preliminary inquiry to avoid compromising their case. The defence could also challenge the admissibility of the evidence or even challenge the validity of the preliminary inquiry. This could result in a stay of proceedings, effectively bringing the case to an end. In conclusion, prosecutors must consider several strategic factors when dealing with section 542(1) of the Criminal Code of Canada. The prosecutor must ensure that the evidence presented is admissible and relevant to the case. They also have to consider the potential impact of the evidence on the case and the accused and strategize on the best approach. By taking into account these strategic factors, a prosecutor can mount the most effective case against the accused and achieve a conviction or a plea bargain if necessary.