section 570(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section specifies that a certified copy of a conviction or order is sufficient evidence in legal proceedings to prove the conviction or making of the order against a person, once identity is established.

SECTION WORDING

570(4) A copy of a conviction in Form 35 or of an order in Form 36 or 37, certified by the judge or by the clerk or other proper officer of the court, or by the provincial court judge, as the case may be, or proved to be a true copy, is, on proof of the identity of the person to whom the conviction or order relates, sufficient evidence in any legal proceedings to prove the conviction of that person or the making of the order against that person or his acquittal, as the case may be, for the offence mentioned in the copy of the conviction or order.

EXPLANATION

Section 570(4) of the Criminal Code of Canada is a provision that establishes the admissibility of a certified copy of a conviction or order in legal proceedings. The objective of this provision is to simplify the legal process by providing a straightforward means to establish proof of guilt or innocence in criminal cases. The section indicates that a copy of a conviction or order in Form 35, 36, or 37, which is certified by the judge, clerk, or other proper officer of the court, or by the provincial court judge, can be used as evidence in legal proceedings. This certification serves as proof that the copy of the conviction or order is authentic and accurate. Once the identity of the person to whom the conviction or order relates has been established, the certified copy of the conviction or order is considered sufficient evidence to prove the person's guilt, acquittal, or the making of the order against that person, as the case may be, for the offence mentioned in the copy of the conviction or order. This section is significant as it streamlines the legal process by eliminating the need for parties to produce original documents or call witnesses to testify. Certified copies of convictions and orders can save time and resources, particularly in cases where several convictions or orders are involved. Moreover, it ensures accurate and reliable evidence without the need for extensive legal proceedings to determine authenticity. Overall, Section 570(4) of the Criminal Code of Canada is a critical provision that helps to ensure that legal proceedings are efficient, effective, and accurate, ultimately contributing to justice for all involved parties.

COMMENTARY

Section 570(4) of the Criminal Code of Canada is an important provision that deals with the admissibility of evidence in legal proceedings. Specifically, it outlines the conditions under which a copy of a conviction or order is admissible to prove the guilt or innocence of an accused person. The purpose of this provision is to simplify legal proceedings by allowing the use of certified copies of convictions and orders as evidence. This helps to avoid the need to produce the original documents, which can often be difficult or time-consuming to obtain. Under this provision, a copy of a conviction or order must be in either Form 35, Form 36, or Form 37. These are standard forms that are used across Canada to document convictions and orders. The copy must be certified by a judge, clerk, or other proper officer of the court, or by a provincial court judge. Alternatively, if the copy is not certified, it must be proved to be a true copy. Once the copy is certified or proved to be a true copy, it is admissible as evidence in any legal proceedings. However, it is important to note that the person's identity must be proven before the conviction or order can be used as evidence. This means that the person must be identified as the same individual who was convicted or subject to the order. Furthermore, the copy of the conviction or order is only admissible to prove the guilt or innocence of the accused person for the offence mentioned in the copy. This means that the evidence cannot be used to prove the accused person's guilt or innocence for any other offence. Overall, section 570(4) of the Criminal Code of Canada is a useful provision that facilitates the use of certified copies of convictions and orders as evidence in legal proceedings. By simplifying the process of obtaining and presenting evidence, it helps to streamline the legal system and ensure that justice is served efficiently.

STRATEGY

Section 570(4) of the Criminal Code of Canada is an important provision for criminal legal proceedings. It allows someone to present a certified copy of a conviction or court order as evidence in any legal proceeding, rather than relying on the original documentation. This provision is a practical tool to save time and to provide certified evidence where the original evidence may be lost or difficult to locate. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations. One of the most important considerations is proof of identity. To use a certified copy of a conviction or court order as evidence, it is necessary to prove the identity of the person to whom the conviction or order applies. This can be done through various means, including identification documents, witnesses, or other sources of corroborating information. Another important consideration when dealing with this section of the Criminal Code of Canada is the reliability of the certified copy. The certified copy must be proven to be a true copy of the original conviction or court order. This can be done through certification by the judge or clerk of the court or by the provincial court judge. If the authenticity of the copy is in question, it may be necessary to provide additional evidence to support its validity. A third strategic consideration when dealing with this section of the Criminal Code of Canada is the potential to challenge the evidence presented. If the certified copy of a conviction or court order is challenged, it may be necessary to provide additional evidence to support its authenticity. This could involve presenting witnesses or other documentation to corroborate the information contained in the certified copy. There are several strategies that can be employed when dealing with this section of the Criminal Code of Canada. One strategy is to ensure that all necessary documentation and evidence is gathered and prepared well in advance of any legal proceedings. This can help to ensure that there are no issues with proof of identity or authenticity of the certified copy. Another strategy is to seek the advice of experienced legal counsel. A lawyer who is familiar with the Criminal Code of Canada and the legal system can provide valuable guidance on how to present a certified copy of a conviction or court order as evidence and how to respond to any challenges to the evidence. In summary, Section 570(4) of the Criminal Code of Canada is an important provision for legal proceedings involving convictions or court orders. When dealing with this section, it is important to consider proof of identity, reliability of the certified copy, and the potential for challenges to the evidence presented. With careful preparation and the advice of experienced legal counsel, it is possible to successfully use certified copies as evidence in legal proceedings.