INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the process of transmitting evidence and documents relevant to an inquiry to a justice having jurisdiction in the place where the offense is alleged to have been committed.
SECTION WORDING
543(2) Where a justice makes an order or issues a warrant pursuant to subsection (1), he shall cause the transcript of any evidence given before him in the inquiry and all documents that were then before him and that are relevant to the inquiry to be transmitted to a justice having jurisdiction in the place where the offence is alleged to have been committed and (a) any evidence the transcript of which is so transmitted shall be deemed to have been taken by the justice to whom it is transmitted; and (b) any appearance notice, promise to appear, undertaking or recognizance issued to or given or entered into by the accused under Part XVI shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a).
EXPLANATION
Section 543(2) of the Criminal Code of Canada outlines the process that must be followed when a justice makes an order or issues a warrant in an inquiry related to an alleged offence. If such an order or warrant is made, the justice is required to transmit a transcript of any evidence presented and all relevant documents to a justice who has jurisdiction over the place where the offence is alleged to have been committed. The purpose of this section is to ensure that evidence gathered during an inquiry is properly shared with the court that will ultimately hear the case. It also ensures that any appearance notices, promises to appear, undertakings, or recognizances issued to the accused are properly transferred to the jurisdiction where the offence is alleged to have been committed. By requiring the transmission of evidence and documents, Section 543(2) serves to ensure that trials are conducted fairly and with all relevant information available to the court. This is an important safeguard in the administration of justice, which helps to ensure that individuals are not unfairly accused or prosecuted for crimes they did not commit. Ultimately, this section helps to ensure that justice is done and that the rule of law is upheld in Canada.
COMMENTARY
Section 543(2) of the Criminal Code of Canada pertains to the transmission of evidence and relevant documents to a justice having jurisdiction in the place where the offence was committed. This section is crucial in ensuring that justice is delivered efficiently across different jurisdictions and that all relevant evidence is available to the justice during the trial. The section specifies that when a justice issues an order or warrant, they must ensure that the transcript of any evidence given before them and all documents that were then before them and are relevant to the inquiry are transmitted to the justice having jurisdiction where the offence was committed. This is important as it ensures that the justice who has jurisdiction over the case is able to review all the evidence and documents that are necessary to arrive at a just decision. Furthermore, the section states that any evidence that is transmitted in this manner shall be deemed to have been taken by the justice to whom it is transmitted. This means that the evidence presented in one jurisdiction is admissible in another jurisdiction, and justice is not hindered by jurisdictional boundaries. The importance of this section is further highlighted by the fact that any appearance notice, promise to appear, undertaking or recognizance issued or given to the accused under Part XVI of the Criminal Code shall also be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed. This ensures that the accused is held accountable for their actions in the jurisdiction where the offence occurred, and justice is not delayed due to jurisdictional complications. In conclusion, Section 543(2) of the Criminal Code of Canada is an essential section that ensures that justice is delivered efficiently across different jurisdictions. It allows for the transmission of all evidence and relevant documents to the respective jurisdiction, ensuring that all necessary information is available to the justice. It also ensures that the accused is held accountable for their actions in the jurisdiction where the offence occurred, without delay due to jurisdictional complications. This section is crucial in maintaining the effective and smooth functioning of the Canadian justice system.
STRATEGY
Section 543(2) of the Criminal Code of Canada outlines the procedures that must be followed when a justice makes an order or issues a warrant pursuant to subsection (1). This section is crucial for criminal lawyers and prosecutors, as it sets out the requirements for transmitting evidence and documents to the appropriate jurisdiction and ensuring that the accused appears before the justice in that jurisdiction. One strategic consideration when dealing with this section of the Criminal Code is whether to challenge the jurisdiction of the justice to whom the evidence and documents are transmitted. If the accused is charged with an offence that allegedly occurred in a different jurisdiction from where the inquiry was held, the defence may argue that the justice does not have the jurisdiction to hear the case. In this scenario, the Crown must prove that the justice has the necessary jurisdiction to proceed with the case. Another strategic consideration is how to handle any appearance notices, promises to appear, or recognizances that were issued or entered into by the accused. If the accused is required to appear before a justice in a different jurisdiction, the defence may want to request a change of venue to ensure that the accused can appear in the appropriate court. Alternatively, the accused may need to be transported to the jurisdiction where the offence is alleged to have occurred, which can involve coordination between different law enforcement agencies. When dealing with Section 543(2), both the Crown and defence must also consider the potential impact of any delay in the transmission of evidence and documents. If there is a delay in transmitting the evidence and documents, the defence may argue that the accused's rights have been violated and seek to have the charges dismissed. On the other hand, the Crown may want to ensure that the evidence is transmitted in a timely manner to avoid any potential delay that could harm their case. Overall, strategies that could be employed when dealing with Section 543(2) include challenging jurisdiction, requesting a change of venue, coordinating transportation for the accused, and ensuring the timely transmission of evidence and documents. Ultimately, the approach taken will depend on the specific facts and circumstances of each case.