Criminal Code of Canada - section 672.5(11) - Rights of parties at hearing

section 672.5(11)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows any party to present evidence, make submissions, call witnesses, and cross-examine other witnesses or those who made an assessment report in court or Review Board proceedings.

SECTION WORDING

672.5(11) Any party may adduce evidence, make oral or written submissions, call witnesses and cross-examine any witness called by any other party and, on application, cross-examine any person who made an assessment report that was submitted to the court or Review Board in writing.

EXPLANATION

Section 672.5(11) of the Criminal Code of Canada is a provision that outlines the rights of any party in a court or review board hearing related to criminal offenses. This section affirms that any party to a proceeding has the right to adduce evidence, make oral or written submissions, call witnesses, and cross-examine any witness called by any other party. Additionally, parties may also apply to cross-examine any person who made an assessment report that was submitted to the court or review board in writing. This section is crucial in protecting the rights of all parties involved in a criminal case, as it ensures that they have a voice and the opportunity to present evidence and arguments in their favor. The ability to cross-examine witnesses and those who make assessment reports allows for the testing of the credibility and reliability of evidence presented, which promotes the fairness of the proceedings. In the context of the Canadian Criminal Code, this provision applies to various situations where a defendant is being charged with committing a criminal offense, such as at a trial or during a review board hearing related to mental health issues. It grants equal rights for all parties involved, whether they are the prosecution or the defense, to present their case and challenge the evidence presented by the opposing party. This provision is a fundamental aspect of Canada's criminal justice system that ensures fairness, transparency, and impartiality in the administration of justice.

COMMENTARY

Section 672.5(11) of the Criminal Code of Canada is an important provision that outlines the rights of parties in a criminal case involving a mental disorder. The provision recognizes the role of evidence in such cases and allows for parties to adduce evidence, make oral or written submissions, call witnesses and cross-examine any witness called by any other party in order to present a compelling case. The provision applies to individuals who have been accused of a crime, but whose mental health may have played a role in their actions. This is particularly relevant in cases where an accused person is deemed unfit to stand trial due to a mental disorder, or where they have been found not criminally responsible for their actions due to a mental disorder. The provision recognizes that mental disorder cases are complex and require a thorough examination of the evidence. It allows for parties to call expert witnesses, such as psychiatrists and psychologists, who can provide valuable insight into the nature of the mental disorder and its impact on the accused's behaviour. This can be critical in determining the appropriate course of action, which may include a treatment plan or confinement in a psychiatric facility. Moreover, the provision allows parties to cross-examine witnesses called by other parties, including those who have provided assessment reports. This ensures that all evidence is subject to scrutiny and that parties have the opportunity to challenge any evidence that is presented against them. This is especially important in cases where assessment reports are relied on heavily as a basis for determining an accused person's mental state or risk of reoffending. In addition to providing parties with the right to adduce evidence and cross-examine witnesses, section 672.5(11) provides parties the right to make oral or written submissions. This allows parties to present their case and their arguments in a clear and concise manner, ensuring the court or review board has a complete understanding of the issues at hand. Overall, section 672.5(11) is an important provision that recognizes the complexity of mental disorder cases and ensures that all parties have the right to adduce evidence, call witnesses, and make submissions in order to present a complete and compelling case. This provision plays a crucial role in ensuring that justice is served in cases involving mental disorder, while also upholding the rights of the accused and ensuring that due process is followed.

STRATEGY

Section 672.5(11) of the Criminal Code of Canada is an essential tool for all parties involved in a mental health assessment hearing. It grants the right to adduce evidence, make oral or written submissions, call witnesses, and cross-examine any witness called by any other party. Additionally, it allows parties to apply to cross-examine any person who made an assessment report submitted to the court or review board in writing. When dealing with this section of the Criminal Code, parties must consider several strategic factors, including the timing and extent of the cross-examination, the order of witnesses, and the overall objective of the hearing. The following are some strategies that could be employed by parties in the proceedings. 1. Prepare Extensively Cross-examination is a vital tool to test the veracity and reliability of evidence. To ensure effective cross-examination, lawyers must spend an extensive amount of time researching, preparing questions, reviewing documents, and developing a game plan. A well-prepared line of questioning will reduce the risk of mistakes, increase efficiency, and elicit valuable information. 2. Objectively Assess the Evidence Lawyers must objectively assess the evidence presented by other parties and identify any weaknesses. Counsel may focus on examining discrepancies, inconsistencies, and potential bias among witnesses. These weaknesses may provide a basis for challenging the assessment report submitted to the court and obtaining a favorable outcome for their client. 3. Set the Tone of Cross-Examination Cross-examination is a delicate process that requires a lawyer to strike the right tone. The approach taken by counsel will depend on the credibility of witnesses, the nature of the allegations, and any potential pitfalls. Counsel must remain respectful and professional when examining witnesses to avoid losing credibility and appearing hostile or antagonistic. 4. Consider the Order of Witnesses The order in which witnesses are called can affect the outcome of the hearing. Lawyers must strategize the order of witnesses to maximize their impact. For example, an expert witness or a witness supportive of one's argument may be called first to create an initial impression. A witness who presents a strong counter-argument can be called later to address any potential weaknesses in the evidence. 5. Determine the Purpose of the Cross-Examination Cross-examination can fulfill different functions, and lawyers must determine their goals before conducting it. The purpose may be to get the witness to reveal something new, elicit contradictions, or discredit the evidence. In some cases, the purpose may be to assess the strength of evidence and make strategic concessions. Counsel must be careful to keep their objectives in mind when preparing and delivering questions. 6. Address Jurisdictional and Procedural Issues Parties may also use Section 672.5(11) of the Criminal Code to raise jurisdictional and procedural issues that may affect the outcome of the hearing. For example, a party may object to the admissibility of evidence submitted under the wrong section, or challenge the jurisdiction of the court or review board. Lawyers must remain vigilant in identifying any potential jurisdictional or procedural issues that could affect the outcome of the hearing. In conclusion, Section 672.5(11) of the Criminal Code of Canada is a critical tool that empowers parties to adduce evidence, cross-examine witnesses, and challenge assessment reports. The various strategic considerations outlined in this article can be employed to ensure effective cross-examination and increase the likelihood of a favorable outcome. By thoroughly preparing, assessing evidence, and strategizing the order of witnesses and questions, counsel can increase the chances of success in hearings.