INTRODUCTION AND BRIEF DESCRIPTION
Accused individuals must be present in court for their entire trial.
SECTION WORDING
650(1) Subject to subsections (1.1) to (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of his or her trial.
EXPLANATION
Section 650(1) of the Criminal Code of Canada has a straightforward meaning: an accused individual is required to be present in court throughout his or her trial. This provision mostly applies to individual defendants, excluding organizations in particular cases. This section is in line with the fundamental principle of criminal law that states that an accused person is entitled to a fair trial. It implies that defendants have the right to remain present in the courtroom during their trial and that they do not miss any substantial aspect of the proceedings against them. The accused must be present, especially while witnesses testify and provide evidence. This allows them to study the witness's body language, assess their emotions and, if necessary, clarify issues with their lawyer. In rare cases, there may be grounds for dispensing with the accused's presence, such as if they are severely ill or have to travel for medical reasons. In addition, a defendant cannot waive their right to be present at trial. The presiding judge has the authority to order the defendant's presence in court in circumstances where they appear to be delaying the proceedings on purpose. Overall, section 650(1) of the Criminal Code of Canada reinforces the importance of ensuring the presence of the accused during their trial, upholding the principle of natural justice. It provides the fundamental right of the accused to confront the evidence brought forward against them and defend themselves appropriately.
COMMENTARY
Section 650(1) of the Criminal Code of Canada sets out the general rule that an accused person, with the exception of an organization, must be present in court throughout their trial. This section is an important protection for the accused, as it ensures that they have the opportunity to see and hear all of the evidence presented against them, to participate in their own defence, and to have a fair and impartial trial. The requirement for an accused person to be present in court is rooted in the principle of procedural fairness, which is a fundamental principle of the criminal justice system. Procedural fairness requires that the accused have a fair opportunity to present their case, to challenge the evidence against them, and to address any issues that arise during the trial. By requiring the accused to be present in court, the court can ensure that the trial is conducted in a fair and impartial manner. There are some exceptions to the requirement for the accused to be present in court. For example, section 650(1.1) provides that the accused may be absent from court if they are unable to attend due to illness or any other good reason. In addition, section 650.01 allows the court to proceed with the trial in the absence of the accused if they have waived their right to be present, or if the court is satisfied that their absence is justified. Despite these exceptions, the general rule remains that the accused must be present in court throughout their trial. This is because the presence of the accused is critical to the fair and impartial administration of justice. In particular, the presence of the accused allows the court to assess their credibility as a witness, to ensure that they are able to understand the proceedings, and to make informed decisions about issues such as bail and sentencing. It is important to note that the requirement for the accused to be present in court is not absolute. In certain cases, such as where the accused has become disruptive or violent, the court may order that they be removed from the courtroom. However, any such order must be made with great care and only in response to a genuine threat to the safety of court personnel or other individuals in the courtroom. In conclusion, section 650(1) of the Criminal Code of Canada sets out an important protection for the rights of the accused in the criminal justice system. By ensuring that the accused is present in court throughout their trial, the court can ensure that the trial is conducted in a fair and impartial manner, and that justice is served. While there may be exceptions to the rule, the general principle remains that the accused must be present in court in order to ensure a fair trial.
STRATEGY
Section 650(1) of the Criminal Code of Canada states that an accused person must be present in court during the entirety of their trial. However, there are strategic considerations that should be taken into account when dealing with this part of the Code. One of the main strategic considerations is whether to waive the right to be present in court during the trial. This may be a viable option in some cases, such as when the accused is ill or when it is in their best interest to avoid the stress and emotional strain of sitting in court. In addition, if the accused is represented by a capable criminal defence lawyer, they may be able to argue their case effectively in the accused's absence. Another strategy that can be employed when dealing with this section of the Criminal Code is to challenge it on constitutional grounds. Section 7 of the Canadian Charter of Rights and Freedoms guarantees the right to life, liberty, and security of the person, and this could be interpreted as including the right to be absent from court during a criminal trial. If a presiding judge finds that the accused's rights have been unjustifiably infringed upon by having to be present in court, they may issue an order allowing the accused to be absent. Additionally, the defence lawyer may consider requesting accommodations from the court to make the trial process more comfortable for the accused. For example, if the accused is elderly or disabled, they may require specialized seating or access to medical assistance during the trial. Making these requests can help to mitigate the discomfort and anxiety that the accused may experience during the trial, and can help the defence lawyer present their client's case more effectively. Another strategy that can be applied is to seek a stay of proceedings based on a violation of the accused's rights. If there has been a violation of the accused's Charter rights, such as an illegal search and seizure, the defence lawyer may argue that the court proceedings should be halted altogether. If the court grants such a stay, it may mean that the accused does not have to attend court at all. In conclusion, while section 650(1) of the Criminal Code of Canada requires an accused to be present in court during the entirety of their trial, there are strategies that can be employed to mitigate the discomfort and anxiety that this may cause. These may include waiving the right to be present, challenging the section on constitutional grounds, requesting accommodations from the court, or seeking a stay of proceedings. The strategy pursued will depend on the unique circumstances of each case, and should be determined in consultation with a qualified criminal defence lawyer.