INTRODUCTION AND BRIEF DESCRIPTION
This section allows for the continuation of proceedings in a trial if the judge or other person presiding over the case dies or is unable to continue.
SECTION WORDING
669.2(1) Subject to this section, where an accused or a defendant is being tried by (a) a judge or provincial court judge, (b) a justice or other person who is, or is a member of, a summary conviction court, or (c) a court composed of a judge and jury, as the case may be, and the judge, provincial court judge, justice or other person dies or is for any reason unable to continue, the proceedings may be continued before another judge, provincial court judge, justice or other person, as the case may be, who has jurisdiction to try the accused or defendant.
EXPLANATION
Section 669.2(1) of the Criminal Code of Canada addresses the situation in which a judge, provincial court judge, justice, or other person presiding over a trial is unable to continue due to death or any other reason. In such cases, this section provides for the continuation of the proceedings before another judge, provincial court judge, justice, or other person who has jurisdiction to try the accused or defendant. This allows for the smooth continuation of the trial without having to start the proceedings anew and ensures that justice is not delayed or denied. This provision is particularly important in cases where the trial has already progressed significantly, and starting again would cause unnecessary hardship to the parties involved. Additionally, the provision is relevant in situations where the accused or defendant may face significant prejudice if the trial were to be restarted from scratch, such as situations where key witnesses may have moved or passed away. In summary, Section 669.2(1) of the Criminal Code of Canada provides for the seamless continuation of trials in the event of the presiding judge's death or inability to continue, ensuring that the wheels of justice continue to turn without interruption.
COMMENTARY
Section 669.2(1) of the Criminal Code of Canada is an important legal provision that addresses what happens in the event of the death or inability of a judge, provincial court judge, justice, or other person during a trial proceeding. Essentially, the section allows for the continuation of trial proceedings before another judge or court that has jurisdiction to try the accused or defendant. The importance of this provision lies in its ability to ensure that justice is served in cases where a trial may otherwise be halted due to unforeseeable circumstances. Particularly in cases where a jury has been empanelled, it is crucial that proceedings can continue with as little disruption as possible. The provision's wording is clear and straightforward. It outlines the three possible scenarios in which it may apply: (a) trial by a judge or provincial court judge, (b) trial by a justice or other person who is a member of a summary conviction court, or (c) trial by a court composed of a judge and jury. For each of these scenarios, the provision allows for a continuation of the proceedings before another judge, provincial court judge, justice, or other person with jurisdiction to try the accused or defendant. It is important to note that section 669.2(1) does not address the issue of what happens if the judge or court is unable to continue due to bias or other legal grounds. In such cases, the accused or defendant may need to seek legal counsel to determine the appropriate course of action. Overall, section 669.2(1) of the Criminal Code of Canada is a crucial provision that helps ensure that justice can be served even in situations where there may be unforeseen obstacles or challenges during trial proceedings. By allowing for a continuation of proceedings before another judge or court, this provision helps to preserve the integrity of the legal system and uphold the rights of both the accused and the victim.
STRATEGY
Section 669.2(1) of the Criminal Code of Canada allows for a case to be transferred to another judge, provincial court judge, or justice if the original judge dies or is unable to continue for any reason. There are several strategic considerations that need to be taken into account when dealing with this section of the Criminal Code of Canada. Firstly, the timing of the transfer of the case is crucial. If the court is aware that the original judge is unable to continue, they may transfer the case immediately or at the earliest possible date. However, if the court is not made aware of the situation in a timely manner, it may result in the transfer happening at an inconvenient or less opportune time. This could cause delays and disrupt the proceedings, which could cause significant problems for both the accused and the prosecution. Secondly, the choice of the new judge or justice is also important. In some cases, the accused or defense counsel may prefer a certain judge or justice to be assigned to their case. In other cases, a particular judge or justice may have already heard some of the evidence and may be better suited to continue the case. However, if the judge or justice is not available or does not have jurisdiction over the case, then another judge or justice will need to be assigned. Thirdly, if the case is being heard by a jury, the transfer of the case may require starting the trial over again. A new jury may need to be selected, and the proceedings will need to begin anew. This could cause significant delays and additional costs for all parties involved. To address these strategic considerations, there are some strategies that could be employed. For example, if an accused or defence counsel anticipates the possibility of a transfer, they could request that the court appoint a backup judge or justice to be available in case the original judge is unable to continue. This could help to ensure a smoother transition and minimize any delays. Similarly, if a transfer does occur, the parties involved could work collaboratively to minimize any disruption to the proceedings. For example, if the original judge had already heard some of the evidence, they could share their notes or recordings with the new judge or justice to help ensure a seamless continuation of the case. Overall, this section of the Criminal Code of Canada can have significant implications for any criminal proceedings. By taking the time to carefully consider the strategic implications and implementing appropriate strategies, both the accused and the prosecution can work together to ensure that the proceedings are fair, efficient, and effective.