INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the powers of a case management judge, which include assisting parties, establishing schedules, hearing guilty pleas and imposing sentences, identifying issues, and adjudicating issues before the presentation of evidence on the merits.
SECTION WORDING
551.3(1) In performing his or her duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, may exercise the powers that a trial judge has before that stage, including (a) assisting the parties to identify the witnesses to be heard, taking into account the witnesses’ needs and circumstances; (b) encouraging the parties to make admissions and reach agreements; (c) encouraging the parties to consider any other matters that would promote a fair and efficient trial; (d) establishing schedules and imposing deadlines on the parties; (e) hearing guilty pleas and imposing sentences; (f) assisting the parties to identify the issues that are to be dealt with at the stage at which the evidence on the merits is presented; and (g) subject to section 551.7, adjudicating any issues that can be decided before that stage, including those related to (i) the disclosure of evidence, (ii) the admissibility of evidence, (iii) the Canadian Charter of Rights and Freedoms, (iv) expert witnesses, (v) the severance of counts, and (vi) the separation of trials on one or more counts when there is more than one accused.
EXPLANATION
Section 551.3(1) of the Criminal Code of Canada assigns certain powers to a trial judge before the presentation of evidence on the merits. It gives a case management judge several powers to encourage a fair and efficient trial. These powers include assisting the parties to identify witnesses, encouraging them to make admissions or reach agreements, establishing schedules and deadlines, receiving a guilty plea, sentencing, assisting with the identification of issues, and adjudicating certain issues that can be decided before the evidence on the merits is presented. These issues may include the disclosure and admissibility of evidence, the Canadian Charter of Rights and Freedoms, expert witnesses, the severance of counts and the separation of trials when there is more than one accused. This section is significant because it empowers a trial judge to actively engage in the management of criminal trials before the presentation of evidence on the merits. This allows for issues that could delay a trial to be dealt with in advance, potentially saving time and money. By encouraging parties to identify witnesses, make admissions and reach agreements, and consider other matters before trial, the judge can facilitate a fair and efficient trial process. Additionally, by allowing a case management judge to make decisions regarding certain key issues early on in the proceedings, it can help to streamline the trial process and prevent unnecessary delays. Overall, this section reflects a commitment to enhance access to justice and efficiency in Canada's criminal justice system.
COMMENTARY
Section 551.3(1) of the Criminal Code of Canada gives the case management judge wide-ranging powers that allow them to take control of the pre-trial phase of a criminal proceeding. This section recognizes the importance of effective case management in ensuring the efficient and fair administration of justice. One of the key powers granted to a case management judge under this section is the ability to assist parties in identifying witnesses, taking into account their needs and circumstances. This power is particularly important in cases where vulnerable witnesses, such as children or those with mental health issues, may require special accommodations or support to give evidence in court. Another important power granted to the case management judge is the ability to encourage parties to make admissions and reach agreements. This can help to streamline the trial process by minimizing the number of issues that need to be decided at trial. It can also help to encourage cooperation between the parties, which can lead to quicker and more efficient resolutions of criminal proceedings. In addition to these powers, the case management judge can also establish schedules and impose deadlines on the parties, hear guilty pleas and impose sentences, and assist the parties in identifying the issues that need to be dealt with at the stage when evidence is presented on the merits. One particularly significant power of the case management judge is the ability to adjudicate any issues that can be decided before the stage at which evidence is presented on the merits. This includes issues related to the disclosure and admissibility of evidence, the Canadian Charter of Rights and Freedoms, expert witnesses, the severance of counts, and the separation of trials when there is more than one accused. In summary, section 551.3(1) of the Criminal Code of Canada recognizes the importance of effective case management in ensuring the efficient and fair administration of justice. The powers granted to the case management judge under this section can help to streamline criminal proceedings, encourage cooperation between the parties, and ensure that vulnerable witnesses are accommodated appropriately. These powers are essential to ensuring that the criminal justice system operates effectively and efficiently.
STRATEGY
Section 551.3(1) of the Criminal Code of Canada provides for wide-ranging powers for a case management judge before the stage of presentation of evidence on the merits of the case. This section gives the judge the authority to take various steps to assist or control the pre-trial process in the interests of justice, efficiency, and fairness. Effectively utilizing this section requires a strategic approach. Some possible strategies are discussed below. First, parties can use this section to clarify the issues in the case early on. The judge can assist with identifying the key witnesses, promoting admissions and agreements, and setting schedules and deadlines, among other things. This can help to streamline the case, reducing delays and costs. It can also help to avoid surprises in the later stages of the case and increase the chances of success for the party's case. Parties should focus on providing the judge with clear and concise information, so that the judge can make effective use of the powers provided by the section. Second, parties can use this section to resolve certain issues before the trial proper begins. For example, the judge can adjudicate issues related to the disclosure and admissibility of evidence, as well as issues related to expert witnesses, Charter rights, and the separation of trials. Resolving such issues early on can help to avoid unnecessary delays and reduce the chances of precluding evidence or arguments at the later stages of the case. Parties can prepare carefully for these adjudications by gathering and presenting evidence and arguments that support their positions. Third, parties should be aware of the limitations of this section. For example, the judge's powers to deal with certain Charter issues are subject to restrictions under section 24(2) of the Charter. Judges may not be able to make final determinations on some issues, and the greater powers conferred on the judge with respect to expert witnesses and severance of counts are subject to Section 551.7 of the Criminal Code of Canada. Therefore, parties need to be familiar with these limitations and should be prepared to adapt their strategies accordingly. Fourth, parties can use this section to build a good relationship with the judge before the trial starts. The judge may be more willing to work with parties who are cooperative, honest, and respectful. In addition, parties should be prepared to address the judge's concerns and questions promptly and efficiently. This can help to build trust and credibility and increase the chances of a just and efficient outcome for the case. Finally, parties should be prepared to use other strategies as well. For example, parties can prepare and file motions or applications to the court, engage in negotiations, or seek mediation or settlement conferences. These other strategies can complement the use of Section 551.3(1) of the Criminal Code of Canada and increase the chances of success for the party's case. In conclusion, Section 551.3(1) of the Criminal Code of Canada provides an important tool for parties to streamline and improve the pre-trial process. Strategic utilization of this section can help to clarify issues, resolve certain issues before the trial begins, build good relations with the judge, and increase the chances of a just and efficient outcome. Parties should be familiar with its powers and limitations and should be prepared to adapt their strategies accordingly.