section 551.6(1)

INTRODUCTION AND BRIEF DESCRIPTION

During the trial, the case management judge can make decisions on any issues referred to them by the judge hearing the evidence.

SECTION WORDING

551.6(1) During the presentation of the evidence on the merits, the case management judge shall adjudicate any issue referred to him or her by the judge hearing the evidence on the merits.

EXPLANATION

Section 551.6(1) is an important provision in the Criminal Code of Canada that deals with the role of case management judges during the presentation of evidence on the merits. It states that any issue that arises during the trial and is referred to the case management judge by the judge presiding over the trial shall be adjudicated by the former. This provision recognizes the importance of case management judges in ensuring the smooth and efficient flow of the trial process. One of the key functions of case management judges is to handle any procedural issues that arise during the trial, thereby freeing up the presiding judge to focus on the evidence presented during the trial. The provision also recognizes that the presiding judge may not always be in the best position to deal with certain procedural matters that arise during the trial. The types of issues that may be referred to the case management judge can vary, but they generally relate to matters of procedure, such as admissibility of evidence, questions of law, or issues related to the conduct of the trial. By adjudicating these issues, the case management judge helps to ensure that they are resolved efficiently, without interrupting the flow of the trial itself. Overall, section 551.6(1) is an important provision that recognizes the key role of case management judges in ensuring the smooth and efficient flow of the trial process. By adjudicating any procedural issues that arise during the trial, case management judges help to ensure that justice is administered fairly and efficiently, according to the principles set out in the Criminal Code.

COMMENTARY

Section 551.6(1) of the Criminal Code of Canada is a provision that governs case management in criminal proceedings. This section specifies the role of the case management judge during the presentation of evidence on the merits of a case. The provision stipulates that the case management judge shall adjudicate any issues that are referred to them by the judge hearing the evidence on the merits. The purpose of this provision is to ensure that the trial process is efficient, fair, and just. Case management is a critical aspect of this process, as it allows for the orderly and timely resolution of criminal cases. The case management judge is responsible for overseeing the pre-trial stages of a criminal proceeding, including setting schedules, managing disclosure, and resolving any pre-trial disputes that may arise. During the presentation of evidence on the merits, the role of the case management judge changes. Rather than overseeing the pre-trial stages, the case management judge is now called upon to adjudicate issues that may arise during the trial itself. These issues may include, for example, disputes over the admissibility of evidence, questions of law, or requests for adjournments. By empowering the case management judge to adjudicate these issues, the provision serves several important purposes. First, it ensures that the trial process remains streamlined and efficient. Rather than interrupting the proceedings to resolve disputes, the case management judge can quickly and decisively resolve any issues that arise, allowing the trial to proceed without delay. Second, the provision helps to ensure that the trial remains fair and just. By allowing the case management judge to adjudicate issues during the trial, the provision helps to ensure that both prosecution and defense have an opportunity to present their case without undue obstruction or interference. Finally, the provision helps to maintain the integrity of the trial process. By ensuring that disputes are resolved quickly, decisively, and fairly, the provision helps to ensure that the trial process remains credible and legitimate in the eyes of the public. In conclusion, section 551.6(1) of the Criminal Code of Canada is a critical provision that governs case management during the trial process. By empowering the case management judge to adjudicate issues that arise during the presentation of evidence on the merits, the provision helps to ensure that criminal trials are efficient, fair, and just. By bolstering public confidence in the trial process, this provision helps to ensure that the criminal justice system in Canada remains strong and effective.

STRATEGY

Section 551.6(1) of the Criminal Code of Canada provides that during the presentation of evidence on the merits, the case management judge shall adjudicate any issue referred to them by the judge hearing the evidence on the merits. This section is crucial to the flow of the criminal proceedings, as it allows for the management of trial logistics and ensures that issues are dealt with appropriately and efficiently. However, there are several strategic considerations to keep in mind when dealing with this section. One of the essential considerations is developing a strong working relationship with the case management judge. Both the Crown and the defense should make an effort to establish and maintain a positive relationship with this judge. This can help in various ways, such as making it easier to bring up issues during the trial and having a better understanding of the judge's preferences and tendencies during the proceedings. Having a positive and cooperative relationship with the case management judge can ultimately lead to a more efficient and smoother trial process. Another strategic consideration is to carefully consider which issues to refer to the case management judge. While it may be tempting to refer every issue to the judge, it may not always be necessary or helpful. Referring too many issues may lead to a loss of credibility with the trial judge, who may perceive the referring party as disorganized or lacking in their case's preparation. As such, it is essential to be selective and refer only those issues which are critical and challenging. In addition to selecting which issues to refer, strategizing how to present these issues is also crucial. It is vital to present the issues in a concise and clear manner, with supporting material and evidence. This can help the case management judge better understand the issue at hand and make a more informed decision regarding its resolution. The presentation should also consider the judge's preferences and tendencies, such as whether they prefer oral arguments or written submissions. Another strategic consideration is the timing of the referral. Referring issues earlier in the trial, such as during pretrial conferences or at the outset of the trial, can help avoid delays and ensure that the case runs smoothly. It may also help ensure that all parties have ample time to prepare for the issue and consider their position. One strategy that could be employed is to seek agreement from opposing counsel before referring an issue to the case management judge. This can help avoid unnecessary conflicts and expenses and may lead to a more efficient and cooperative trial process. In cases where agreement cannot be reached, it is crucial to present the issue in a fair and impartial manner, with supporting evidence and persuasive arguments. In conclusion, Section 551.6(1) of the Criminal Code of Canada is critical to ensuring an efficient and well-managed criminal trial. By carefully selecting which issues to refer, presenting them in a clear and concise manner and seeking cooperation from opposing counsel, the case management judge's role can be effectively utilized to ensure a fair trial process. Strategizing around this section of the Criminal Code can impact a case's outcome significantly.