section 708(1)

INTRODUCTION AND BRIEF DESCRIPTION

Failing to attend court when required to give evidence is a contempt of court.

SECTION WORDING

708(1) A person who, being required by law to attend or remain in attendance for the purpose of giving evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.

EXPLANATION

Section 708(1) of the Criminal Code of Canada serves as a provision that places an obligation on a person to attend and remain present at a court of law when they are legally required to provide evidence. Failure to comply with the obligation without a lawful reason is considered contempt of court. This section of the Criminal Code of Canada is a fundamental part of the justice system as it ensures that all required evidence is presented before the court. If someone refuses to appear to give evidence or fails to remain present when necessary, it hinders and delays the judicial process. It is the responsibility of witnesses to attend court and provide accurate testimony even if it may come at a personal inconvenience. The provision of this section ensures that witnesses are obligated to attend court of law when required and that they can be held accountable if they do not. The obligation applies to every person who is lawfully summoned to attend court and give evidence, and there are few exceptions for lawful excuses such as illness or being out of the country. In conclusion, Section 708(1) of the Criminal Code of Canada is a crucial part of the justice system as it ensures the attendance of witnesses and the provision of all evidence necessary for a fair and impartial trial. Individuals who violate this section may face severe consequences that may include fines, imprisonment, or both.

COMMENTARY

Section 708(1) of the Criminal Code of Canada is a provision to ensure that individuals who are required by law to give evidence in court do so. The provision criminalizes the failure to do so without a lawful excuse and categorizes it as contempt of court. The purpose of this section is to prevent individuals from refusing to attend court or providing testimony, which could result in significant delays and impede the administration of justice. Contempt of court is a serious offense as it impedes the proper functioning of the court system. The court relies on the attendance of witnesses and the provision of testimony to arrive at a just decision. Failure to provide testimony can prevent the court from making a well-informed decision and lead to miscarriage of justice. Therefore, the provision of Section 708(1) is essential to ensure that those required to give evidence appear in court to do so. There are, however, some considerations to be made when examining Section 708(1). Firstly, there are situations where individuals may have a lawful excuse for failing to appear in court. For example, failing to attend court due to an illness, death in the family, or any other genuinely unavoidable circumstance may serve as a lawful excuse. In such situations, it is essential that individuals communicate their inability to attend court to the relevant authorities promptly. Failure to do so could result in an arrest warrant being issued, leading to unnecessary legal trouble. Another consideration is that witnesses may have a legitimate fear of attending court, for fear of retaliation or intimidation. This fear can arise in cases where the witness could be at risk of physical harm, social victimization, or any other form of intimidation. In such circumstances, witnesses may require special protection or an exemption from appearing physically in court. The use of technology, such as video conferencing, can provide a feasible alternative to such individuals. Moreover, there may also be situations where the prosecution is aware of the witness's fear or concern that could potentially impact their attendance in court. In such cases, the prosecution has a duty of care to assist the witness in overcoming any concerns they may have and ensure their appearance in court. Overall, Section 708(1) is a crucial provision in ensuring the smooth operation of the court system. It seeks to guarantee that those required to give evidence attend court and provide testimony, thereby minimizing delays and preventing miscarriages of justice. However, it is essential that any situations that may prevent individuals from appearing in court without a lawful excuse are taken into account to avoid unnecessary legal consequences. Furthermore, individuals who attend court as witnesses must be offered necessary protections to ensure their safety and well-being. Ultimately, the effective operation of the justice system requires the cooperation of all stakeholders involved, including witnesses, prosecutors, and defendants.

STRATEGY

Section 708(1) of the Criminal Code of Canada is a legal provision requiring individuals to attend court when summoned to give evidence. Failure to attend court without lawful excuse is considered a contempt of court and is punishable under the Criminal Code. Contempt of court is a serious offence, and individuals who commit this offence may face hefty fines and imprisonment. For lawyers and legal professionals dealing with Section 708(1), strategic considerations and effective strategies are crucial. One of the critical considerations when dealing with this section is the reason for failure to attend court. If an individual has a valid excuse for not attending court, their lawyer must present the argument before the court and provide evidence to support their claim. Some of the acceptable excuses for missing court include illness, being out of the country, or an emergency that could not be avoided. Lawyers should also consider the potential consequences of a client's conviction for contempt of court. A conviction for contempt of court could result in imprisonment, a criminal record, or fines, which could have severe implications on a person's life and reputation. The lawyer must, therefore, strategize on how to avoid or minimize the severity of these consequences by presenting a strong case on behalf of their client. Another crucial consideration when dealing with Section 708(1) is the timing of the court appearance. Some individuals may fail to attend court due to logistical challenges, such as transportation, scheduling conflicts, or conflicting appointments. In such a case, lawyers can strategize to reschedule the court appearance to a more convenient date or arrange for their client to appear remotely via video conferencing to avoid any logistical challenges. Moreover, it is crucial to assess the nature of the proceedings and the potential cross-examination when developing a strategy to deal with Section 708(1). If the individual is being called to testify in a case with high stakes, such as a criminal trial, the cross-examination is likely to be intense, and the lawyer must prepare their client adequately. In such a situation, the lawyer may explore the possibility of negotiating with the prosecutor to limit or reduce their client's exposure in the proceedings. Finally, it is essential to consider the terms of the summons and the legal implications of violating them. For instance, the terms of summons may require an individual to attend court at a specific time or for a specific period, and failure to comply could result in contempt charges. The lawyer should, therefore, advise their clients on the importance of complying with the terms of the summons and providing clear instructions on what to expect during the court appearance. In conclusion, dealing with Section 708(1) of the Criminal Code of Canada requires careful consideration and strategic planning. Lawyers must analyze the situation, the reasons for failure to attend court, and the consequences of a conviction for contempt of court to develop an effective strategy. Compliance with the terms of summons, adequate preparation, and effective negotiation are some of the strategies that can be employed to achieve the best possible outcome for the client.