INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code grants the same legal weight to testimony provided by a witness outside of Canada as if it were given within Canada.
SECTION WORDING
714.6 When a witness who is outside Canada gives evidence under section 714.2 or 714.4, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.
EXPLANATION
Section 714.6 of the Criminal Code of Canada deals with the process by which a witness who is located outside of Canada can give evidence in a Canadian court. The section states that when a witness outside of Canada gives evidence under Section 714.2 or 714.4, that evidence will be deemed to have been given in Canada, and under oath or affirmation in accordance with Canadian law. This provision has important implications for the admissibility and weight of such evidence in Canadian courts. The purpose of this section is to facilitate the process of taking evidence from a witness who is located outside of Canada, without requiring that the witness physically travel to Canada to give their evidence. This provision could be particularly useful in cases where a key witness is reluctant to travel to Canada due to personal or legal reasons. It also has the potential to save time and resources for both the parties and the court. Moreover, this section establishes that the evidence given by the witness will be subject to the same rules as evidence given in Canada. This includes rules related to procedure, perjury and contempt of court. This means that the witness is subject to the same penalties as a Canadian witness if they fail to tell the truth while giving evidence. Overall, Section 714.6 of the Criminal Code of Canada is a significant provision for the administration of justice in Canada, as it enables courts to obtain evidence from witnesses located outside Canada in a convenient and efficient manner, while maintaining the integrity of the legal process.
COMMENTARY
Section 714.6 of the Criminal Code of Canada offers important guidance on the admissibility of evidence given by a witness who is located outside of Canada. This section is relevant in cases where witnesses are unable or unwilling to testify in person, and instead provide evidence through other means, such as video conferencing or written statements. The objective of this section is to provide consistency and clarity in how such evidence is treated in the Canadian legal system. One of the most notable aspects of section 714.6 is that it deems evidence given by an overseas witness to be given in Canada for the purposes of evidence, procedure, perjury, and contempt of court. This means that the witness's evidence is treated in the same way as evidence given by a witness who is physically present in Canada, and is subject to the same rules and requirements. This includes the requirement for witnesses to take an oath or affirmation, which is considered an essential aspect of ensuring the truthfulness and reliability of the evidence provided. Another important aspect of section 714.6 is that it ensures that the evidence given by overseas witnesses is treated in accordance with Canadian law. This is significant because different jurisdictions may have different laws regarding the admissibility of evidence or the conduct of witnesses. By requiring that evidence given by overseas witnesses be in accordance with Canadian law, this section ensures that the evidence is subject to the same standards and procedures that apply to evidence given in Canada. This helps to ensure consistency and fairness in the use of evidence in legal proceedings, regardless of where the witness is located. In addition to these basic principles, there are several other key points to note about section 714.6. For example, it applies to both evidentiary hearings and trials, meaning that overseas witnesses can be used in both contexts. It also applies to all types of legal proceedings, including criminal and civil cases, which ensures that the same rules apply regardless of the nature of the case. Overall, section 714.6 provides important guidance on the use of evidence given by overseas witnesses in the Canadian legal system. By establishing clear rules and requirements around the admissibility of such evidence, this section helps to ensure consistency and fairness in the use of evidence, regardless of where the witness is located. This is vital to maintaining a fair and effective legal system, and is an example of the Canadian government's commitment to protecting the rights of all those who engage with the legal system.
STRATEGY
When dealing with Section 714.6 of the Criminal Code of Canada, there are a few strategic considerations that come into play. The section deals with the admissibility of evidence provided by a witness who is outside Canada. The following are some strategies that could be employed when dealing with this section. 1. Planning ahead: When a case involves an international witness, counsel should plan ahead and ensure that adequate preparations have been made for the witness to give testimony. This includes identifying a location for the witness to give evidence and ensuring that the equipment necessary for transmitting and receiving evidence is in place. 2. Ensuring compliance with Canadian law: Since evidence provided by an international witness is deemed as given under oath or affirmation in accordance with Canadian law, counsel should ensure that the witness understands the Canadian law and is able to comply with it. This may include ensuring that the witness understands the oath or affirmation, as well as any other applicable laws or procedures. 3. Assessing the reliability of the evidence: Counsel should always assess the reliability of the evidence provided by an international witness. This may include investigating the credibility of the witness as well as conducting a thorough cross-examination. 4. Ensuring the privacy of the witness: When a witness is located outside Canada, it is important to ensure their privacy as well as the confidentiality of their evidence. This may include using secure communication channels and limiting access to the evidence. 5. Working with local counsel: When a case involves an international witness, it may be helpful to work with local counsel in the witness's home country. Local counsel may be able to provide valuable insights into the local laws and customs, as well as assist in arranging for the witness to give evidence. In conclusion, Section 714.6 of the Criminal Code of Canada provides an important framework for dealing with evidence provided by an international witness. By planning ahead, ensuring compliance with Canadian law, assessing the reliability of the evidence, and working with local counsel, counsel can successfully navigate this section and provide strong evidence in support of their case.