Criminal Code of Canada - section 657 - Use in evidence of statement by accused

section 657

INTRODUCTION AND BRIEF DESCRIPTION

An accused persons statement made under subsection 541(3) can be used as evidence without proof of signature of the justice unless proven that the justice did not sign it.

SECTION WORDING

657 A statement made by an accused under subsection 541(3) and purporting to be signed by the justice before whom it was made may be given in evidence against the accused at his or her trial without proof of the signature of the justice, unless it is proved that the justice by whom the statement purports to be signed did not sign it.

EXPLANATION

Section 657 of the Criminal Code of Canada provides a provision concerning the admissibility of a statement made by an accused under subsection 541(3) of the Code. This section allows such statements to be used as evidence against the accused in court, without the need for proof of the signature of the justice before whom it was made, if it appears to be signed by the justice. The statement referred to in this section is a statement made by an accused person during the bail hearing, which is conducted by a justice of the peace or a judge. At the bail hearing, the accused person has the opportunity to speak about their personal circumstances, the charges being faced, and the reasons why they should be released on bail pending trial. Under subsection 541(3), the accused has the right to make a statement during the bail hearing, but is not required to do so. If they do make a statement, it is recorded by the justice or judge and may be used as evidence against them at trial. The purpose of Section 657 is to simplify the process of admitting statements made during the bail hearing as evidence at trial. If the statement appears to be signed by the justice or judge, it is presumed to be valid and legally admissible in the court proceedings, unless it is proven otherwise. In summary, Section 657 provides a useful tool for the prosecution to use a statement made by the accused at the bail hearing as evidence in the trial without having to go through the burden of proving the signature of the justice. Meanwhile, the accused must be cautious in making any statements at the bail hearing if they have concerns that it may be used against them in the trial.

COMMENTARY

Section 657 of the Criminal Code of Canada is an important provision that deals with the admissibility of statements made by an accused under subsection 541(3). This section provides that a statement made by an accused, which purports to be signed by the justice before whom it was made, may be given in evidence against the accused at their trial without proof of the signature of the justice, provided it is not proven that the justice did not sign it. This provision is designed to simplify the process of introducing evidence and ensure that justice is efficiently served. The intent of section 657 is to reduce the burden placed on the prosecution to provide a signed statement from the justice who presided over the accused's questioning. In many cases, the justice may not be available or may not have signed the statement, which can lead to delays and extended legal proceedings. With the introduction of this provision, evidence can be admitted simply by presenting the statement, with no requirement for proof of the signature unless it is challenged by the accused. However, the provision does not disregard the importance of the justice's signature on the statement entirely. In the case where it is proven that the justice did not sign the statement, the evidence cannot be admitted. This requirement ensures that the statement is both genuine and reliable, which is essential for a fair trial. Moreover, the accused is still protected by the requirement to prove that the justice signed the statement. This forces the prosecution to ensure the authenticity of the statement and promotes fairness in the system. Section 657 is essential in ensuring that the judicial process is efficient, while still providing safeguards for the accused. The provision not only reduces the workload for the prosecution, but it also reduces the potential for delays and expedites the trial process. The removal of the requirement for proof of the signature, unless challenged, saves the court system from unnecessary delays, reducing costs, and providing victims with an efficient judicial process. Moreover, in cases where the statement is proven to be unreliable, the safeguard requirement of proof of a signature gives the accused the opportunity to challenge the evidence. In conclusion, section 657 of the Criminal Code of Canada is a crucial provision that provides a balance between the efficiency of the court system and the interests of justice. This section ensures that the admission of evidence is swift and efficient, while also ensuring reliability and authenticity. The provision balances the interests of the accused and the prosecution, while also upholding the principles of fairness that are essential in the Canadian legal system.

STRATEGY

Section 657 of the Criminal Code of Canada is an important provision that allows for the admission of statements made by the accused under subsection 541(3). However, there are several strategic considerations that must be kept in mind when dealing with this section, as the admission of such statements can significantly impact the outcome of a trial. In this essay, we will examine some of the strategic considerations that lawyers and defendants should keep in mind when dealing with section 657, as well as some strategies that could be employed to maximize its benefits. One of the most important considerations when dealing with section 657 is the admissibility of the statement. Although the provision allows for the admission of statements made by the accused, there are several criteria that must be met in order for the statement to be admissible. For example, the statement must have been made voluntarily and without undue influence, and it must be relevant to the issues in the case. Additionally, the statement must have been made before a justice of the peace or other authorized person, and it must be signed by that person. If any of these criteria are not met, the statement may be challenged by the defence and potentially excluded from evidence. Another important consideration when dealing with section 657 is the potential impact of the statement on the defendant's case. If the statement contains admissions or other incriminating evidence, it could significantly weaken the defendant's position and make it more difficult to mount a successful defence. On the other hand, if the statement is exculpatory or otherwise helpful to the defence, it could be a valuable asset in the trial. With these considerations in mind, there are several strategies that could be employed when dealing with section 657. One potential strategy is to challenge the admissibility of the statement if any of the criteria are not met. For example, if there is evidence that the statement was made under duress or coercion, the defence could argue that it was not voluntarily made and should be excluded from evidence. Similarly, if the statement was not relevant to the case, the defence could argue that it should not be admitted. Another strategy that could be employed is to carefully review the statement and determine whether it contains any admissions or other incriminating evidence. If it does, the defence could seek to negotiate a plea deal with the prosecution or explore other strategies to minimize the impact of the statement on the defendant's case. Alternatively, if the statement is exculpatory, the defence could seek to use it to bolster their case or challenge the prosecution's evidence. Overall, section 657 of the Criminal Code of Canada is an important provision that can have a significant impact on a defendant's case. By carefully considering the admissibility of the statement and strategizing accordingly, lawyers and defendants can maximize the benefits of this provision while minimizing its potential drawbacks.