Criminal Code of Canada - section 544(1) - Accused absconding during inquiry

section 544(1)

INTRODUCTION AND BRIEF DESCRIPTION

If an accused person absconds during a preliminary inquiry, they waive their right to be present and the inquiry may continue without them.

SECTION WORDING

544(1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of a preliminary inquiry into an offence with which he is charged, (a) he shall be deemed to have waived his right to be present at the inquiry, and (b) the justice (i) may continue the inquiry and, when all the evidence has been taken, shall dispose of the inquiry in accordance with section 548, or (ii) if a warrant is issued for the arrest of the accused, may adjourn the inquiry to await his appearance, but where the inquiry is adjourned pursuant to subparagraph (b)(ii), the justice may continue it at any time pursuant to subparagraph (b)(i) if he is satisfied that it would no longer be in the interests of justice to await the appearance of the accused.

EXPLANATION

Section 544(1) of the Criminal Code of Canada addresses the issue of a defendant absconding or fleeing during a preliminary inquiry into an offence with which they have been charged. It states that in such cases, the defendant is deemed to have waived their right to be present at the inquiry. The section also lays out the options available to the justice in such a situation. If the accused absconds, the justice may continue with the inquiry and dispose of the matter according to section 548 of the Criminal Code. Alternatively, the justice may adjourn the inquiry to await the appearance of the accused, but they have the discretion to continue the inquiry at any time if they believe it is no longer in the interests of justice to wait. This section is important because preliminary inquiries provide an opportunity for the accused to know the evidence against them and determine whether or not they should stand trial. However, if the accused absconds during the inquiry, they are effectively forfeiting this opportunity. Moreover, this section ensures that the justice can proceed with the inquiry and dispose of the matter even if the accused is not present, provided they have absconded. This prevents the inquiry from being delayed indefinitely and ensures that justice is served in a timely manner.

COMMENTARY

Section 544(1) of the Criminal Code of Canada is a provision that deals with a criminal suspect's conduct during a preliminary inquiry into a charge. A preliminary inquiry is a process that is initiated in criminal cases with serious charges, such as murder and sexual assault, to determine whether there is enough evidence to proceed with the case and go to trial. During the preliminary inquiry, the suspect is given an opportunity to hear the evidence and cross-examine the witnesses. In the event that the accused absconds during the preliminary inquiry, section 544(1) provides that the suspect is deemed to have waived his or her right to be present at the inquiry. The justice presiding over the inquiry may continue the inquiry and dispose of it in accordance with section 548, which deals with the determination of whether there is enough evidence to proceed to trial. Alternatively, the justice may adjourn the inquiry if a warrant is issued for the accused's arrest. If the inquiry is adjourned, the justice may continue it at any time if it is deemed no longer to be in the interests of justice to wait for the accused's appearance. The purpose of section 544(1) is to ensure that the criminal justice process continues to function even in the absence of the accused. By absconding during a preliminary inquiry, the accused is essentially forfeiting their right to be present and participate in the inquiry. The justice may continue with the inquiry because the accused has received ample notice of the inquiry and an opportunity to participate, but has chosen to abscond instead. The provision also serves to protect the interests of justice. If the accused were to be allowed to abscond during the preliminary inquiry and avoid participation, it would undermine the integrity of the justice system and the public's confidence in it. The justice must ensure ongoing proceedings to prevent the accused from evading justice and precluding public interest. However, section 544(1) can be controversial in practice and raises questions about fairness and proportionality. For instance, the provision does not differentiate between situations where the accused absconds because they are guilty and situations where they abscond because they are innocent but fear that they will not receive a fair trial due to public perception. The provision can also apply in cases where the accused absconds because of mental health concerns, such as anxiety or trauma related to appearing in court. In sum, section 544(1) of the Criminal Code provides for how the justice system will proceed if a suspect absconds during a preliminary enquiry. While the provision serves the purpose of ensuring that the justice process can continue, it has its limitations and must be applied fairly, proportionately, and with the interests of justice in mind.

STRATEGY

Section 544(1) of the Criminal Code of Canada allows for the continuation of the preliminary inquiry of an accused who has absconded during the course of the inquiry. This section provides for specific provisions that need to be taken into consideration when dealing with such situations. One of the strategic considerations when dealing with Section 544(1) is related to the timing of the adjournment of the inquiry. According to subparagraph (b)(ii) of this section, the justice may adjourn the inquiry until the appearance of the accused. This strategy makes sense in cases where the accused is likely to surrender or be found soon. It provides the opportunity for the accused to participate in the inquiry and it makes the legal process more efficient. However, in cases where the accused is unlikely to appear or surrender, it might not make sense to adjourn the inquiry since it can prolong the legal process unnecessarily. Another strategic consideration is related to the evidence presented during the inquiry. Section 544(1)(b)(i) provides that the justice may continue the inquiry and dispose of it in accordance with section 548. This means that the crown will have the opportunity to present all the evidence in the absence of the accused. However, this strategy can be problematic in cases where the defence has an opportunity to cross-examine the witnesses, as the defence will not have this opportunity in the absence of the accused. Hence, it is important to weigh the pros and cons of this strategy before proceeding with it. A third strategic consideration is related to the interests of justice. According to Section 544(1)(b)(ii), the justice may continue the inquiry at any time if he or she is satisfied that it would no longer be in the interests of justice to await the appearance of the accused. The interests of justice can include considerations such as the impact of delaying the inquiry on the witnesses, the public interest in the timely resolution of criminal cases, and the possible harm caused by the accused who is on the run. Hence, it is important to assess the interests of justice before deciding on the adjournment or continuation of the inquiry. In dealing with Section 544(1), strategic considerations related to the arrest of the accused are also important. If a warrant is issued for the arrest of the accused, the justice may adjourn the inquiry to await the appearance of the accused. It is important to coordinate with the police and other relevant authorities to locate and apprehend the accused. The accused may be located in a different jurisdiction, which can add another layer of complexity to the process. In such cases, it is important to assess extradition laws, and the legal and practical considerations involved in bringing the accused back to Canada. In conclusion, dealing with Section 544(1) of the Criminal Code of Canada requires careful consideration of various strategic options. The timing of the adjournment, the evidence presented during the inquiry, the interests of justice, and the arrest of the accused are some of the key considerations that need to be taken into account. Based on these considerations, various strategic options such as adjournment, continuation of the inquiry, and coordination with law enforcement can be employed to ensure the timely and effective resolution of the criminal case.