Criminal Code of Canada - section 672.33(2) - Court may order inquiry to be held

section 672.33(2)

INTRODUCTION AND BRIEF DESCRIPTION

The court may order an inquiry if there is reason to doubt a prima facie case against the accused.

SECTION WORDING

672.33(2) On application of the accused, the court may order an inquiry under this section to be held at any time if it is satisfied, on the basis of the application and any written material submitted by the accused, that there is reason to doubt that there is a prima facie case against the accused.

EXPLANATION

Section 672.33(2) of the Criminal Code of Canada allows an accused individual to request an inquiry if they believe that there is reason to doubt that there is a prima facie case against them. This section was introduced as a safeguard for individuals who may have been charged without sufficient evidence. A prima facie case is one where there is enough evidence to establish that a crime has been committed and that the accused individual is responsible for it. If there is doubt about the existence of a prima facie case, it may be because the evidence is insufficient, unreliable, or obtained illegally. If an accused individual makes an application under Section 672.33(2), the court must consider the application, along with any written material submitted by the accused. The court will only order an inquiry under this section if it is satisfied that there is reason to doubt that there is a prima facie case against the accused. If an inquiry is ordered, it will be conducted by a judge, who will examine the evidence and determine if there is enough to proceed with the case. The purpose of this section is to prevent the prosecution of individuals without adequate evidence. It is an important safeguard that ensures the protection of the rights of accused individuals. If the court determines that there is not enough evidence to proceed with the case, the charges may be dropped, and the accused individual will be acquitted.

COMMENTARY

Section 672.33(2) of the Criminal Code of Canada provides a crucial safeguard for individuals who may be falsely accused of an offence and subjected to potential wrongful conviction. The section allows for an inquiry to be ordered by the court at any time if there is a reasonable doubt that there is a prima facie case against the accused. A prima facie case is one where there is enough evidence, if unrebutted, to establish a fact or case and to justify a decision in favour of the party presenting that evidence. Essentially, section 672.33(2) provides that if there is doubt as to whether such evidence exists, an inquiry must be held to determine the factual basis for the charges. This section is essential in ensuring that individuals are not wrongly charged based on weak or insufficient evidence that does not meet the burden of proof in a court of law. By allowing an inquiry to be ordered, the court has the opportunity to assess the validity of the evidence and determine whether it is sufficient to proceed with the charges. The application process for an inquiry is quite straightforward and allows for an accused to easily request an inquiry if they believe there is reason to doubt the case against them. Additionally, the court may consider any written material submitted by the accused as evidence to support their application. This section defends the rights of the accused, ensuring that they are not subjected to the potentially damaging consequences of wrongful allegation and possible convictions. It allows individuals to assert their innocence and to have their case thoroughly examined, prior to the possibility of being convicted of an offence. While the section is an essential safeguard, it is also important to note that it is not intended to provide a technical way out of being charged with an offence. Nor does it intend to foster a miscarriage of justice by potentially allowing individuals to avoid responsibility for wrongdoing. In conclusion, the inclusion of section 672.33(2) in the Criminal Code of Canada is essential in safeguarding the rights of individuals and ensuring that they are not subjected to wrongful conviction. By providing an opportunity to scrutinize the evidence presented against an accused, this safeguard ensures fairness and justice in the criminal justice system of Canada.

STRATEGY

Section 672.33(2) of the Criminal Code of Canada provides an accused with the opportunity to apply for an inquiry if they have reason to doubt that there is a prima facie case against them. There are several strategic considerations that an accused should take into account when dealing with this section of the Criminal Code. A few strategies that could be employed are: 1. Timing of the Application Timing is a crucial element when it comes to making an application for an inquiry under section 672.33(2). The accused must apply before the trial, as this is the only opportunity to challenge the evidence that the Crown intends to use against him/her. This means that the application should be made as soon as possible once the accused has doubts concerning the strength of the Crown's case. This can ensure that the accused's case is built on a strong foundation for the rest of the trial proceedings. 2. Preparing Written Material It is also important to prepare strong written material when making an application for an inquiry under section 672.33(2). The accused should provide evidence or explanations that support their argument that there is a lack of a prima facie case. This could be in the form of sworn affidavits from witnesses, expert reports, or any other documentation that supports the accused's position. 3. Selection of Judge The judge who is assigned to the case could have a significant impact on the outcome of the application. Therefore, the accused should consider the judge's previous decisions and the judge's experience with similar cases before making a decision. 4. Importance of Legal Representation Having legal representation is crucial when making an application for an inquiry under section 672.33(2). A lawyer can analyze the Crown's evidence, identify weaknesses, and prepare a compelling argument in support of the accused's position. Legal representation can enable the accused to make sound legal decisions and enable them to protect their rights during the inquiry process. 5. The Impact of Inquiry on Future Proceedings It is essential for the accused to understand that the outcome of section 672.33(2) may have an impact on the trial proceedings. An inquiry can influence the Crown's decision to continue with the criminal trial or modify the charges. Therefore, strategic considerations should be taken into account before making an application under section 672.33(2) of Criminal Code of Canada. In conclusion, Section 672.33(2) of the Criminal Code of Canada provides an accused with the opportunity to challenge the strength of the Crown's case. When dealing with this section of the Criminal Code, it is essential to take into account strategic considerations such as timing, preparing written material, selection of judge, importance of legal representation, and the impact of inquiries on future proceedings. Employing appropriate measures will enable the accused to increase their chances of succeeding and ensure that their rights are protected throughout the legal process.