section 549(2)

INTRODUCTION AND BRIEF DESCRIPTION

If the accused is ordered to stand trial under section 549, they will be treated as if they were ordered to stand trial under section 548 after endorsement from the accused and prosecutor.

SECTION WORDING

549(2) If an accused is ordered to stand trial under this section, the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548.

EXPLANATION

Section 549 of the Criminal Code of Canada deals with situations where a justice of the peace conducts a preliminary inquiry to determine whether there is enough evidence to warrant a trial for an accused person. If, after the preliminary inquiry, the justice is satisfied that there is enough evidence, they may order the accused to stand trial. Subsection 2 of section 549 outlines what happens after the justice orders the accused to stand trial. The justice must endorse on the information (the document that sets out the charges against the accused) a statement of the consent of both the accused and the prosecutor. This means that both the accused and the prosecutor must agree to proceed with a trial. Once the consent is given, the accused will be dealt with in all respects as if they were ordered to stand trial under section 548 of the Criminal Code. Section 548 sets out the procedures for a trial in a higher court (such as the Superior Court of Justice) after an accused has been formally charged. Overall, section 549(2) ensures that both the accused and the prosecutor have agreed to proceed with a trial before the accused is brought before a higher court. This helps to ensure that the legal system is fair and transparent, and that the accused has the opportunity to defend themselves against the charges they are facing.

COMMENTARY

Section 549(2) of the Criminal Code of Canada provides for a summary conviction trial for certain offences that are ordinarily prosecuted by way of indictment. This section is particularly important because it allows for the efficient and effective administration of justice by providing a streamlined process for less serious offences. An accused who is ordered to stand trial under section 549(2) has the option of consenting to the trial being heard by way of summary conviction. This means that the trial will be heard by a single judge of a provincial court, rather than by a judge and jury in the superior court. The consent of both the accused and the prosecutor must be obtained before the trial can proceed in this manner. The benefit of a summary conviction trial is that it is a faster and less expensive procedure than a trial by judge and jury. This benefits all parties involved - the accused, the Crown, and the court system as a whole. Because the trial is heard by a single judge, the decision-making process is streamlined and more efficient. Additionally, because the trial is less complex, it is less expensive, and therefore, less taxing on the judicial system. Another advantage of a summary conviction trial is that it allows for more consistency in sentencing for certain types of offences. When these offences are typically prosecuted by way of indictment, there is greater discretion in sentencing, which can lead to inconsistency in sentencing outcomes. However, with summary conviction trials, the maximum sentence is generally set out in the Criminal Code, which provides greater consistency in sentencing outcomes. It is important to note that not all offences are eligible for a summary conviction trial. Only those offences which are deemed less serious are eligible for this type of trial. Additionally, certain offences, such as those related to violence or sexual assault, are never eligible for a summary conviction trial. Section 549(2) of the Criminal Code of Canada is an important provision that allows for a more efficient and cost-effective administration of justice for certain types of offences. It provides a streamlined process for less serious offences, and allows for greater consistency in sentencing outcomes. Ultimately, this provision helps ensure that justice is served in a timely and fair manner, and that the judicial system as a whole operates more effectively.

STRATEGY

Section 549(2) of the Criminal Code of Canada outlines the procedure for a justice to order an accused to stand trial without a preliminary inquiry. This section has been the subject of debate among legal professionals as it limits the ability of an accused to challenge the case against them before trial. However, regardless of one's opinion on the usefulness of preliminary inquiries, it is important for legal practitioners to understand some strategic considerations when dealing with this section. One strategic consideration is the importance of gathering evidence early on in the case. Since there is no preliminary inquiry, the accused and their legal team must be prepared to present a robust defence at trial. This means that they must gather and review all evidence as soon as possible in order to identify potential weaknesses in the Crown's case. Another consideration is the importance of building a strong relationship with the Crown prosecutor. Since the accused and the Crown prosecutor must consent to the accused being ordered to stand trial without a preliminary hearing, building a strong relationship with the prosecutor may be beneficial. A strong relationship can help the accused negotiate plea deals or access other forms of leniency in situations where the Crown has a strong case against them. Strategies that can be employed when dealing with Section 549(2) include leveraging the Charter of Rights and Freedoms. The right to a fair trial is enshrined in the Charter, and accused persons have the right to be informed of the nature of the offence with which they are charged. Therefore, it may be strategic for accused persons to argue that they require a preliminary inquiry in order to fully understand the allegations against them, and thereby ensure a fair trial. Another strategy is to challenge the credibility of key Crown witnesses early on in the case. Since there is no preliminary inquiry, the accused and their legal team must be prepared to cross-examine Crown witnesses effectively at trial. However, if the accused can challenge the credibility of key witnesses early on in the case, this may put pressure on the Crown to negotiate a plea deal. In conclusion, Section 549(2) of the Criminal Code of Canada presents unique strategic considerations for legal practitioners. Gathering evidence early on, building a strong relationship with the Crown prosecutor, leveraging the Charter of Rights and Freedoms, and challenging the credibility of key witnesses are just a few of the strategies that can be employed in order to ensure the best possible outcome for the accused. It is important for legal professionals to carefully consider all strategic options when dealing with this section of the Criminal Code.