INTRODUCTION AND BRIEF DESCRIPTION
The judge appointed to a joint hearing can exercise the powers of a trial judge.
SECTION WORDING
551.7(9) The judge appointed under the order may, as a trial judge and for the purpose of adjudicating the issue at the joint hearing, exercise the powers of a trial judge.
EXPLANATION
Section 551.7(9) of the Criminal Code of Canada is a provision that enables judges appointed under an order to exercise the powers of a trial judge during joint hearings. Joint hearings occur when two or more accused individuals who have been charged with related offences are tried together, as opposed to separately. The purpose of a joint hearing is to promote efficiency, avoid duplication of evidence, and prevent inconsistent verdicts. During a joint hearing, the judge appointed under the order is empowered to act as a trial judge. This means that they have the authority to make decisions about the admissibility of evidence, to evaluate the credibility and reliability of witnesses, and to instruct the jury on the law. Essentially, the judge has the same powers and responsibilities as they would during a separate trial. The use of Section 551.7(9) of the Criminal Code is an important tool in promoting efficiency and reducing the burden on the justice system. By allowing for joint hearings, the court is able to save time and resources while still ensuring that each accused receives a fair trial. It also helps to reduce the risk of inconsistent verdicts, since all of the evidence and witnesses are presented in a single proceeding. Overall, Section 551.7(9) is an important provision that helps to promote efficiency and ensure fairness in the Canadian justice system. By allowing judges to exercise the powers of a trial judge during joint hearings, the court is able to streamline the trial process while still upholding the principles of justice and the rule of law.
COMMENTARY
Section 551.7(9) of the Criminal Code of Canada specifies that the judge appointed under the order can, as a trial judge, utilize the powers of a trial judge when adjudicating the issue at the joint hearing. This section is essential in ensuring that cases brought before the court are adjudicated fairly and justly, and the facts are weighed appropriately. The section is relevant in situations where multiple offenders are involved in a case, and there is a need to ensure that the rulings are consistent and impartial. Such cases require that the trial judge possesses the powers and discretion to determine the facts and administer the appropriate penalties. The section allows the judge appointed under the order to oversee the joint hearing and examine the facts of the case thoroughly. The judge uses their knowledge and experience to make informed decisions. They are empowered to determine the weight of the evidence, assess the credibility of the witnesses, and provide appropriate instructions to the jury at the conclusion of the case. The power vested in the judge appointed under the order, which permits them to execute the powers of a trial judge, is significant in ensuring that cases brought before the court are adjudicated in a manner that is fair, transparent, and just. This provision reiterates the principle of procedural fairness and due process, which is fundamental to the Canadian justice system. Furthermore, the provision is supported by the underlying principles and objectives of the Criminal Code. The Code places emphasis on several goals, including the protection of society,providing fair and appropriate sentences for those who commit crimes, and reducing crime through deterrence. Section 551.7(9) aligns with these objectives by ensuring that cases are handled correctly, regardless of the number of offenders involved. Overall, Section 551.7(9) of the Criminal Code is essential in ensuring that the criminal justice system operates transparently, efficiently, and fairly. It gives the judge appointed under the order the power to perform their duties effectively, promote the objectives of the Criminal Code, and the principles of the Canadian justice system. This provision underscores the importance of multitasking among judges, which is critical in building a robust and efficient system that achieves its objectives.
STRATEGY
Section 551.7(9) of the Criminal Code of Canada grants appointed Judges the power to exercise their powers as trial judges during a joint hearing. This section of the code presents both opportunities and challenges to the prosecution and defense teams in terms of strategy. Developing a strategic approach before the hearing can help the defense or prosecution to achieve their desired results. One of the strategic considerations when dealing with this section of the code is to understand its basic application. The appointed Judge has the power to make decisions that are typically on the jurisdiction of a trial Judge. It can be costly for either the defense or prosecution to have an unfavorable decision made against them at this stage of the proceedings. Therefore, understanding the implications of this under Section 551.7(9) of the code, the defense legal team can employ a strategy to prepare and present a robust case that clearly identifies the key issues and the evidence to support them. Another strategic consideration involves preparing for the hearing. Preparation is critical to achieving success, and strategic planning is a critical element of preparation. The defense team may consider negotiating a plea deal, particularly if the prosecution has a strong case, or gather all relevant evidence and present a strong argument using the available evidence. Similarly, the prosecution may use this opportunity to apply pressure to the defendant to plead guilty while making it clear that the evidence against them is strong and that they would likely be found guilty in a full trial. When it comes to the defense, another consideration would be to raise objections that challenge the jurisdiction of the appointed Judge. It would be best to explore whether to challenge section 551.7(9) and whether the prosecution has presented enough evidence to support its application. Similarly, the prosecution can employ such strategies to counter any attempts by the defense team to challenge the jurisdiction of the appointed Judge. Another strategic approach would be to use this provision to conduct a mock trial to prepare for the actual trial. This approach will help identify potential weaknesses in one's case, understand the way the appointed Judge operates, and understand the nuances of courtroom proceedings before trial. The focus of the mock trial will be on challenging key evidence, witnesses, and cross-examination techniques. This will help the lawyers to develop a better strategy for cross-examination and further develop their arguments. In conclusion, section 551.7(9) of the Criminal Code of Canada poses significant strategic considerations for lawyers dealing with a joint hearing. Developing a strategic approach based on the specifics of the case and the Judge's history can help to achieve success. Working with a team of Criminal legal experts can help to develop an effective and comprehensive strategy that could result in the most favorable outcome.