section 570(6)

INTRODUCTION AND BRIEF DESCRIPTION

A certified copy of a warrant of committal issued by a court clerk is admissible in any proceeding.

SECTION WORDING

570(6) Where a warrant of committal is issued by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

EXPLANATION

Section 570(6) of the Criminal Code of Canada outlines the admissibility of a copy of a warrant of committal issued by a court clerk in any legal proceeding. A warrant of committal is a court order directing a law enforcement agency to take a defendant into custody and place them in jail to await trial or sentencing. A warrant of committal is usually issued when a defendant fails to appear in court or is found guilty of a crime. The warrant of committal includes information such as the name of the defendant, the charge against them, and the date and time they are required to appear in court. According to Section 570(6), if a clerk of the court issues a warrant of committal, a copy of the warrant that is certified by the clerk is admissible in any legal proceeding. This provision of the Criminal Code of Canada makes it easier for prosecutors and other legal practitioners to use certified copies of warrants of committal as evidence in court. Furthermore, this section of the Criminal Code of Canada ensures that there is a clear chain of custody for the warrant of committal, as it is certified by the clerk of the court. This certification provides assurance that the warrant of committal is authentic and accurate and can be relied upon in legal proceedings. Overall, Section 570(6) of the Criminal Code of Canada is an important provision that helps to facilitate the administration of justice by making certified copies of warrants of committal admissible in any legal proceeding.

COMMENTARY

Section 570(6) of the Criminal Code of Canada is a provision that allows for the admissibility of a certified copy of a warrant of committal issued by a court clerk in any legal proceeding. This section of the code serves as an important tool for both prosecutors and accused parties, as it establishes a clear and easily accessible means of presenting evidence of a defendant's incarceration. The use of a certified copy of a warrant of committal in legal proceedings has several practical advantages. Firstly, it provides a convenient and readily available record of an individual's imprisonment, which can be used to verify their whereabouts during a particular period of time. In criminal trials, for example, the prosecutor may use such evidence to demonstrate that the accused was in custody at the time the alleged crime was committed, thereby weakening their defense. Conversely, a defendant may use a certified copy of a warrant of committal to demonstrate that they were incarcerated during a period in which they were accused of committing another crime, making it less likely that they could have committed the offense. Moreover, the admissibility of certified copies of warrants of committal ensures the integrity of the legal system by providing a means of verifying the validity of the incarceration. With this provision in place, the court can be certain that the arrested individual was in fact confined in accordance with due process and legal requirements. This can be crucial in cases where accusations of illegal detention or human rights violations have been made. It is worth noting, however, that this provision applies only to warrants of committal issued by a court clerk, and not those issued by a judge or justice. This is because a warrant of committal issued by a judge or justice is considered to be an original document and may be subpoenaed as evidence directly. This distinction may seem trivial, but it highlights the importance of ensuring that legal documents are properly issued, certified, and stored, so that they can be accessed and used effectively in legal proceedings. Ultimately, section 570(6) of the Criminal Code of Canada serves a critical role in ensuring the accuracy and fairness of legal proceedings. By allowing certified copies of warrants of committal to be used as evidence, this provision provides a straightforward means of verifying an individual's incarceration, and supports the integrity of the court system by establishing clear and reliable documentation.

STRATEGY

Section 570(6) of the Criminal Code of Canada provides for the admissibility of a certified copy of a warrant of committal issued by a clerk of a court in any proceeding. This provision has important strategic considerations for criminal lawyers and their clients, particularly in cases where a client has been incarcerated and wishes to challenge the legality of their detention or to seek a release on bail pending trial. One of the key strategic considerations for a lawyer is to ensure that the client's interests are protected throughout the legal process. This may involve reviewing and challenging the legality of the warrant of committal, particularly if it is based on improper or insufficient evidence. In such cases, the lawyer may seek to have the warrant set aside, or to seek a release on bail pending trial. Another strategy that may be employed by a lawyer is to use section 570(6) to their advantage. For example, if a client has been incarcerated, the lawyer may seek to have a certified copy of the warrant of committal admitted as evidence in support of a bail application. This could be particularly useful in cases where the underlying charges are weak or where the client has a strong argument for release on bail. In addition to these strategies, there are a number of other factors that a lawyer may need to consider when dealing with section 570(6) of the Criminal Code of Canada. These could include the nature and seriousness of the charges against the client, the strength of the prosecution's case, the availability of evidence to support the client's case, and the client's personal circumstances, such as their employment and family responsibilities. Overall, the strategic considerations involved in dealing with section 570(6) of the Criminal Code of Canada will depend on the specific circumstances of the case and the priorities and goals of the client and their legal team. By carefully considering these factors and developing an effective strategy, a lawyer can help to ensure the best possible outcome for their client.