INTRODUCTION AND BRIEF DESCRIPTION
The court can require a person to appear for examination in regards to the statements made in an affidavit or solemn declaration.
SECTION WORDING
657.1(4) Notwithstanding subsection (1), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the statements contained in the affidavit or solemn declaration.
EXPLANATION
Section 657.1(4) of the Criminal Code of Canada is an exception to the general rule that affidavit evidence is admissible in court without the need for the deponent (person who made the affidavit) to appear for cross-examination. This section provides that in certain circumstances, a court may require the deponent to attend court in person for examination or cross-examination. This section is relevant in criminal cases where an affidavit or solemn declaration is submitted as evidence. Affidavit evidence is often used in criminal trials, particularly in cases involving search and seizure or wiretap authorizations. The use of affidavits is intended to streamline the court process and avoid the need for witnesses to attend court in person to give evidence. However, if the court has concerns about the reliability or truthfulness of the information contained in an affidavit, it may require the deponent to attend court for examination or cross-examination to establish the credibility of the evidence. This may happen, for example, if the court suspects that the deponent has made false statements in the affidavit or if the information in the affidavit is critical to the outcome of the case. Overall, section 657.1(4) of the Criminal Code of Canada is an important safeguard to ensure that reliable and credible evidence is presented in court. While affidavits can be a useful tool for streamlining the court process, they should not be relied upon without proper scrutiny. This section gives the court the power to demand further evidence from a deponent when necessary and helps to ensure that justice is served.
COMMENTARY
Section 657.1(4) of the Criminal Code of Canada is an important provision that allows the court to require the person who appears to have signed an affidavit or solemn declaration to appear before it for examination or cross-examination. This provision is particularly significant in cases where the affidavit or solemn declaration is central to the issue of proof of any of the statements contained in it. The purpose of this provision is to ensure that the court has the means to verify the truthfulness and accuracy of the statements contained in an affidavit or solemn declaration. By allowing the court to require the person who signed the document to appear before it, the provision provides an opportunity for the court to ask questions, clarify information and assess the credibility of the person making the statement. One of the key benefits of this provision is that it helps to ensure that the justice system operates in a fair and just manner. By allowing the court to verify the accuracy of the statements contained in an affidavit or solemn declaration, the provision helps to ensure that the court makes informed decisions based on reliable and trustworthy evidence. This, in turn, helps to enhance public confidence in the justice system and may serve to deter individuals from providing false statements. Another benefit of this provision is that it provides a safeguard against abuse of process. In situations where an affidavit or solemn declaration is used as evidence, but the statements contained in it are not accurate or truthful, this provision provides the court with a mechanism for uncovering the truth. By allowing the person who appears to have signed the document to be examined or cross-examined in court, the provision helps to protect the integrity of the legal process and ensure that justice is served. Of course, there are also challenges associated with this provision. For example, requiring a person to appear in court for examination or cross-examination may be time-consuming and expensive. It may also place a burden on the person who signed the affidavit or solemn declaration, particularly if they are required to travel to court or take time off work to attend the hearing. Despite these challenges, however, Section 657.1(4) of the Criminal Code of Canada remains an essential provision within the legal system. By allowing the court to verify the accuracy of statements contained in affidavits and solemn declarations, it helps to ensure that justice is served and that the integrity of the legal process is protected.
STRATEGY
Section 657.1(4) of the Criminal Code of Canada allows for the court to require an individual to appear for examination or cross-examination in regards to the proof of statements contained within an affidavit or solemn declaration. This section of the code has significant implications for legal proceedings and requires strategic considerations when dealing with it. One strategy that could be employed is to carefully consider the content of any affidavits or solemn declarations that are submitted. If there are any statements that may be called into question or require further explanation, it may be wise to address these issues beforehand or be prepared to provide additional evidence to support these statements. Additionally, it may be beneficial to ensure that any witnesses or individuals who may be relevant to the case are available to provide testimony if required. Another important strategic consideration is to carefully evaluate the potential benefits and risks of having an individual appear for examination or cross-examination. On one hand, this may provide an opportunity to clarify any issues or evidence that may be called into question. On the other hand, this may also provide an opportunity for opposing counsel to question the individual and potentially undermine their credibility or weaken their case. In some cases, it may be beneficial to consult with a legal professional to determine the best course of action. An experienced lawyer may be able to provide valuable guidance and insight into the potential risks and benefits of appearing for examination or cross-examination, as well as strategies for addressing any issues or evidence that may be called into question. Overall, section 657.1(4) of the Criminal Code of Canada requires careful consideration and strategic planning when dealing with affidavits or solemn declarations. By taking the time to carefully evaluate the evidence and potential risks and benefits, individuals can better position themselves for success in legal proceedings.