INTRODUCTION AND BRIEF DESCRIPTION
A challenge may be denied if it is deemed untrue by the other party involved in the proceedings.
SECTION WORDING
639(3) A challenge may be denied by the other party to the proceedings on the ground that it is not true.
EXPLANATION
Section 639(3) of the Criminal Code of Canada regulates the use of challenges in criminal proceedings. A challenge is a legal mechanism that allows a party to request the removal of a potential juror, on the grounds that they are biased or have a personal interest in the case. In essence it is an attempt to ensure a fair and impartial jury that is free from any external influence. However, the legal system recognizes that challenges can be abused, and therefore a challenge may be denied by the other party to the proceedings if they believe it is not true. This is to prevent parties from using false or exaggerated claims of bias as a tool to manipulate the composition of the jury and influence the outcome of the trial. The grounds for denying a challenge must be reasonable and supported by evidence or specific facts. If the judge finds the challenge to be unsubstantiated, it will be denied. Conversely, if it is found that a juror has a clear bias or prejudgment about the case, the challenge will be granted, and that person will be replaced with an alternate. Overall, section 639(3) of the Criminal Code of Canada is designed to ensure that challenges are used for their intended purpose - to promote a fair and impartial jury - not as an instrument to manipulate or distort the justice system. It also serves to promote transparency and accountability in the jury selection process, which is an integral part of a just and equitable legal system.
COMMENTARY
Section 639(3) of the Criminal Code of Canada is an important provision in the legal system as it provides parties to criminal proceedings with the ability to challenge the truthfulness of evidence presented against them. This provision is a crucial safeguard against false evidence being used to convict individuals, ensuring that justice is done and that innocent people are not wrongly convicted. This provision allows for challenges to be made to any evidence that is presented in court. This means that if a witness testifies, or if physical evidence is presented, the other party to the proceedings can challenge the truthfulness of this evidence. In doing so, they can require the person presenting the evidence to provide additional proof or explanation to support their claims. For example, if a witness claims that they saw the defendant commit a crime, the defendant's lawyer can challenge this claim by asking the witness questions about their recollection of events. They may ask the witness to describe the scene of the crime, or to explain how they were able to identify the defendant. If the witness is unable to provide credible answers to these questions, their evidence may be called into question. One important limitation of this provision is that challenges can only be made on the grounds that the evidence is not true. This means that parties cannot challenge the validity of evidence on other grounds, such as the fact that it was obtained unlawfully or that it violates the defendant's rights. These issues must be addressed through other legal proceedings, such as a motion to exclude evidence or a Charter challenge. Despite this limitation, the ability to challenge evidence on the basis of truthfulness is an important safeguard against wrongful conviction. It ensures that witnesses are held to a high standard when presenting evidence, and that the court has a complete and accurate picture of what occurred. This is especially important in cases where there is no physical evidence, and the prosecution's case relies solely on witness testimony. In conclusion, Section 639(3) of the Criminal Code of Canada is an important provision that ensures fairness and accuracy in criminal proceedings. It gives parties to proceedings the ability to challenge evidence that is presented against them, and ensures that only truthful evidence is used to make a decision. This not only helps to prevent wrongful convictions, but also ensures that the justice system is one that is fair and just for all.
STRATEGY
Section 639(3) of the Criminal Code of Canada provides a mechanism for either party to challenge the other's evidence on the grounds that it is not true. This creates an opportunity for strategic considerations when dealing with this section of the Criminal Code. One of the key strategic considerations when dealing with section 639(3) is to ensure that the challenge is made in a timely manner. This means that the party should be aware of the evidence being presented by the other party and make the challenge as soon as possible. Delaying the challenge until later stages of the proceedings may weaken the credibility of the challenge. Another important strategic consideration is to have strong evidence to support the challenge. The party making the challenge should have evidence or arguments that clearly demonstrate that the evidence presented by the other party is not true. This evidence could be in the form of inconsistencies or contradictions in the evidence, statements from witnesses, or other types of evidence. It is also important to consider the potential consequences of making a challenge. Challenging evidence can be a risky strategy as it may draw attention to weaknesses in the party's case. Additionally, if the challenge is unsuccessful, it may have a negative impact on the party's credibility. One strategy that could be employed is to use the challenge as an opportunity to gather additional evidence. For example, if a witness presents evidence that is challenged, the challenging party could use the opportunity to cross-examine the witness and gather additional information that could strengthen their case. Another strategy is to anticipate challenges and proactively address potential weaknesses in the evidence. This could involve conducting thorough investigations, presenting multiple pieces of evidence to support a claim, or anticipating potential challenges and addressing them in advance. In conclusion, section 639(3) of the Criminal Code of Canada provides an opportunity for parties to challenge evidence on the grounds that it is not true. However, challenging evidence requires careful consideration of the timing, evidence, potential consequences and potential strategies to respond to the challenge. Proactively addressing potential challenges and gathering strong evidence can help parties successfully navigate this section of the Criminal Code.