INTRODUCTION AND BRIEF DESCRIPTION
This section states that this Part applies when a person is required to give evidence in a proceeding to which the Act applies, except where section 527 applies.
SECTION WORDING
697 Except where section 527 applies, this Part applies where a person is required to attend to give evidence in a proceeding to which this Act applies.
EXPLANATION
Section 697 of the Criminal Code of Canada establishes that this part of the Code applies when an individual is obligated to testify in a proceeding that falls under the purview of the Act. The section also specifies that this Part is not applicable when Section 527 is applied. Section 527 of the Criminal Code of Canada allows judges to release individuals from a subpoena to testify if it is deemed that their testimony is not essential, or if there are other significant reasons for release, such as their safety or that of their family members. This section of the Criminal Code has several implications for those involved in legal proceedings. Firstly, it highlights the importance of ensuring that all relevant parties that are required to testify, do so. This is a fundamental aspect of the justice system as without testimony, cases cannot be effectively litigated. Secondly, this section refers to the fact that the Criminal Code applies to a range of legal proceedings, indicating the extensive reach of this legislation. The Criminal Code is a significant aspect of Canadian law, and by identifying that this section applies to a range of proceedings, it further highlights its importance in the legal system. Overall, Section 697 reinforces the significance of testimony in the Canadian justice system and highlights the comprehensive nature of the Criminal Code.
COMMENTARY
Section 697 of the Criminal Code of Canada refers to the requirement for someone to attend and give evidence in a legal proceeding where the Act applies. This section is primarily concerned with the rights and obligations of individuals who are required to appear in court as witnesses or to provide evidence in some other legal setting. The section is designed to protect the rights of witnesses and to ensure that they are treated with fairness and respect. It provides a framework for how witnesses are to be treated in a legal proceeding. Witnesses are required to attend court or other legal proceedings when summoned to do so. Failure to attend when summoned to do so can result in serious consequences, such as a fine or even arrest. However, the protection of witnesses' rights can be seen in the invocation of section 527. This section provides for the issuance of a subpoena compelling the attendance of a witness. A subpoena operates as a court order, compelling the witness to attend the proceeding. In this way, the witness's interests and rights are protected, and no one can force an individual to testify who does not want to do so. Another way that section 697 ensures fairness in legal proceedings is by allowing witnesses to give evidence in a language they understand. This is particularly important in a multicultural society like Canada, where individuals may speak multiple languages. If a witness is not comfortable speaking in the language used in the legal proceedings, they can request an interpreter to help them provide the required testimony. This ensures that everyone can participate fully in the legal system, regardless of their language proficiency. The section also provides for the need to ensure that witnesses are not intimidated or threatened in any way when giving evidence. This is especially important in ensuring that the person giving evidence does so freely and honestly. No one should be intimidated or threatened when giving evidence in a legal proceeding. To this end, the law prohibits the use of force or any form of intimidation on witnesses. Failure to abide by this law can result in serious consequences for the offending parties. In conclusion, section 697 of the Criminal Code of Canada is designed to protect the rights and interests of witnesses in legal proceedings. It ensures that witnesses are treated with fairness, respect, and dignity. Witnesses are required to attend legal proceedings when summoned to do so, but their rights are protected by way of section 527, which ensures that they can testify voluntarily. If a witness is not comfortable with the language used in a legal proceeding, an interpreter can be provided to assist them. No one should be intimidated or threatened when giving evidence in a legal proceeding. Overall, section 697 of the Criminal Code of Canada is an important aspect of Canadian law that ensures the integrity and fairness of legal proceedings.
STRATEGY
Section 697 of the Criminal Code of Canada outlines the circumstances under which this Part (Part XVIII - Procedure in Jury Trials and General Provisions) applies. It applies when a person is required to attend to give evidence in a proceeding to which this Act applies, except where Section 527 applies. This Section deals with the discretionary control of the courts over the evidence given by a witness, including the exclusion of evidence that may be prejudicial. Strategic Considerations: When dealing with this section, there are several strategic considerations that one may need to take into account. Some of these are: 1. Witness Preparation: It is essential to prepare your witness to give evidence in the best possible way. Witness preparation should include the information they need to provide, their demeanor and the expected duration of the testimony. As such, ensuring that a witness understands the process can be of great benefit. 2. Jury Selection: Part XVIII of the Criminal Code of Canada deals with procedure in jury trials, and as such, this section might require employing a specific strategy when selecting a jury. Selecting the right individuals for a jury can greatly influence the outcome of the trial. 3. Expert Evidence: In some cases, expert evidence may be required to prove or disprove a particular aspect of the case. When dealing with this section, considering the use of expert evidence can be advantageous. 4. Disclosure: Section 697 of the Criminal Code requires disclosure, meaning that the Crown must disclose all relevant evidence to the defense. This requirement may influence the engagement of a private investigator or obtaining of third-party evidence, which is likely to impact the outcome of the trial. 5. Timing: When dealing with section 697, timing can play a significant role in the outcome of a case. Advance preparation and proactive engagement can make a great deal of difference. Strategies: When dealing with Section 697 of the Criminal Code of Canada, several strategies could be employed. Some of these methods are: 1. Early Engagement: Early engagement of representation or consulting with a criminal defense lawyer can help ensure the protection of an individual's rights, which is crucial when dealing with criminal proceedings. 2. Subpoena Review: Individuals who have received a subpoena can ask the relevant court to review its details and have it quashed or set aside based on certain grounds. 3. Timely Preparation: Proactive preparation and engagement ensure that witnesses are well-prepared and will be able to present their testimony effectively. 4. Expert Evidence: The use of expert evidence could be an effective method in dealing with section 697 of the Criminal Code. 5. Jury Selection: Selecting the right jury could significantly impact the outcome of a case. Therefore, it is recommended to engage counsel who have experience with similar cases to advise on jury selection. Conclusion: Section 697 of the Criminal Code outlines the circumstances under which Part XVIII of the Criminal Code applies. When dealing with this section, it is essential to consider various strategic considerations and employ sound strategies designed to protect an individual's rights while ensuring the most favorable outcome of the case.