INTRODUCTION AND BRIEF DESCRIPTION
Jurors may be summoned orally if needed.
SECTION WORDING
642(2) Jurors may be summoned under subsection (1) by word of mouth, if necessary.
EXPLANATION
Section 642(2) of the Criminal Code of Canada governs the way in which jurors are summoned to perform their duties. It allows for jurors to be summoned by word of mouth, if necessary, under the provisions of subsection (1) of the code. This section is significant, as it plays an essential role in the administration of justice in Canada. The Criminal Code of Canada defines what constitutes a criminal offence in Canada, and sets out the procedures that must be followed when dealing with these offences. When a person is charged with a criminal offence, they have the right to a trial by jury. A jury is a group of individuals selected from the community who are tasked with the responsibility of deciding whether the accused is guilty or not guilty of the offence they have been charged with. The process of summoning jurors is governed by Section 642 of the Criminal Code of Canada. This section outlines the process of selecting and summoning jurors, and sets out the penalties for those who fail to attend when summoned. The subsection (2) of this section provides that jurors may be summoned by word of mouth if necessary. This means that the traditional method of summoning jurors by serving them a written notice may be waived in certain circumstances. For example, if there are time constraints or logistical issues that make it difficult to serve written notices, the court may choose to summon jurors by word of mouth. Jurors may be contacted by phone or in person, and asked to attend the court at a specified time. In conclusion, Section 642(2) of the Criminal Code of Canada provides a mechanism for the efficient and effective summoning of jurors when needed. It ensures that the justice system operates effectively, enabling people to exercise their right to a fair trial in a timely and efficient manner.
COMMENTARY
Section 642(2) of the Criminal Code of Canada is an essential provision of the code that deals with the selection and summoning of jurors. This provision permits jurors to be summoned by word of mouth, in case the regular methods of summoning jurors through mail or registered mail are not practical. Jury duty is a crucial aspect of the Canadian Criminal Justice system, as it ensures that justice is delivered to those accused of criminal offenses. Canada's Criminal Code provides for a fair, impartial, and objective trial of accused persons, which needs an impartial jury. The Criminal Code also ensures that the selection of jury members is fair and does not discriminate against any person based on race, ethnicity, religion, or any other ground. The primary purpose of section 642(2) is to provide flexibility in the process of summoning jurors in situations where the usual methods are not possible or practical. In typical situations, a sheriff or court officer would summon potential jurors through mailing or registered mail. However, in some instances, such as natural disasters or other emergency situations, it may be necessary to summon the jurors through word of mouth. The use of word of mouth to summon jurors is a rare occurrence, reserved only for the most exceptional circumstances. The purpose of word of mouth summoning is to ensure that all potential jurors in a particular area are made aware of the court proceedings and their duty to appear, despite the challenges posed by time constraints or circumstances beyond their control. Section 642(2) is also important because it recognizes the importance of prompt and timely trials. A fair judicial system requires a jury to be impartial, and the timely selection of that jury is necessary for the commencement of any trial. By using word of mouth to summon jurors, the court can ensure that the trial progresses quickly and without undue delay. Although section 642(2) allows for word of mouth summoning of jurors, it is essential to note that this should be done under strict guidelines. For instance, the court must identify potential jurors, provide them with adequate information concerning the trial, and ensure that they comprehend the importance of their participation as jurors. In conclusion, section 642(2) of the Criminal Code of Canada is a crucial provision, which provides flexibility in the summoning of jurors when necessary. The ability to use word of mouth enables a court to ensure that justice is served in a timely, efficient, and fair manner, even in situations where the usual methods of summoning jurors are not practical. It is essential that this provision be used wisely and only under the most exceptional circumstances, and with due regard for the rights and obligations of all parties involved.
STRATEGY
Section 642(2) of the Criminal Code of Canada provides for the summoning of jurors by word of mouth when necessary. This provision is relevant in cases when the regular means of summoning jurors, such as by written notice, is not feasible or would result in a delay in the hearing of the case. In such situations, the use of word of mouth becomes necessary. However, there are certain strategic considerations to be taken into account when dealing with this section of the Criminal Code of Canada. The first strategic consideration is the need for clear communication. Word of mouth is prone to misinterpretation, and there is a risk that the intended recipient might not receive the message correctly. To avoid this, it is essential to ensure that the person responsible for delivering the message is clear and concise in stating the necessary information. This may require the use of a script or pre-recorded message that can be played over the phone, for instance. Additionally, a follow-up message may be necessary to reiterate the main points of the first message. Another strategic consideration is the need for speed. The use of word of mouth is often a time-sensitive matter, and there is a need to ensure that jurors are summoned promptly. This involves identifying the target audience and delivering the message quickly. This may require the use of multiple channels of communication, such as social media, phone calls, and text messages, to reach the jurors efficiently. The third strategic consideration is the need for accuracy. The use of word of mouth carries a risk of incorrect or erroneous information being conveyed. To avoid this, it is essential to ensure that all relevant information is accurate and up-to-date. This may require the use of a central database or registry that is regularly maintained and updated with the required information. Strategies that could be employed to deal with this section of the Criminal Code of Canada include the use of technology. With the use of technology, messages can be delivered quickly and accurately to the intended recipients. Technology such as automated calls, text messages, emails, and social media platforms can be used to deliver the message. These technologies can also be used to track the delivery of the message and confirm that jurors have received the necessary information. Another strategy that could be employed is the use of trusted sources. When summoning jurors by word of mouth, it is essential to ensure that the message is delivered by a trusted source. This could be a court official, a member of the legal team, or a trusted representative from an official organization. By using a trusted source, the likelihood of jurors heeding the summons is increased, and the risk of misinterpretation is decreased. In conclusion, section 642(2) of the Criminal Code of Canada provides for the summoning of jurors by word of mouth when necessary. When dealing with this section, several strategic considerations need to be taken into account, including the need for clear communication, speed, and accuracy. Strategies that could be employed include the use of technology and trusted sources.