INTRODUCTION AND BRIEF DESCRIPTION
The presiding judge or justice can prohibit any use of a video recording.
SECTION WORDING
715.2(2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).
EXPLANATION
Section 715.2(2) of the Criminal Code of Canada is a provision that grants the presiding judge or justice with the authority to restrict the use of any video recording that has been presented as evidence in a trial. This section is closely related to subsection (1) of the same provision, which allows for the admission of video recordings as evidence in criminal proceedings. Essentially, this provision gives the court the ability to control the use of video recordings presented as evidence in a trial. It can be used to limit the ways in which the recording can be shown or played in court, or to restrict its use outside of the courtroom altogether. The power granted to the presiding judge or justice under this section recognizes that the use of video recordings as evidence can be highly sensitive, and that in some cases, their use may need to be restricted in order to protect the interests of the victim, the accused, or other parties involved in the case. For example, the court may wish to limit the use of a video that contains extremely graphic or upsetting content to prevent it from causing undue harm or distress to those who may view it. In summary, section 715.2(2) of the Criminal Code of Canada provides the presiding judge or justice with a degree of discretion when it comes to the use of video recordings as evidence in criminal proceedings. Its main purpose is to ensure that the use of such recordings is appropriately managed in order to protect the interests of all parties involved.
COMMENTARY
Section 715.2(2) of the Criminal Code of Canada provides that the presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1). This is an important provision in the Criminal Code of Canada as it helps to protect the privacy and dignity of individuals who are involved in the criminal justice system. The video recording referred to in subsection (1) is a recording made during a hearing, trial, or other proceeding in a criminal case. Such recordings can be made for a variety of reasons, including to document the proceedings, to allow for a review of the evidence, or to provide a record of the proceedings for future reference. However, the use of these recordings can be limited in certain circumstances. For example, the presiding judge or justice may decide to prohibit the use of the recording if it would be detrimental to the interests of justice or if it would infringe on the privacy or dignity of the individuals involved in the case. One situation where this provision may be particularly relevant is in cases involving sexual assault or other sensitive matters. In such cases, the recording may contain highly personal or sensitive information about the victim, the accused, or other individuals involved in the case. In order to protect the privacy and dignity of these individuals, the presiding judge or justice may decide to prohibit the use of the recording for any other purpose. Another situation where this provision may be relevant is in cases involving vulnerable witnesses, such as children or individuals with disabilities. The presiding judge or justice may decide to prohibit the use of the recording if it would cause undue stress or harm to the witness, or if it would compromise the integrity of the proceedings. Overall, the provision in section 715.2(2) of the Criminal Code of Canada is an important one that helps to protect the privacy and dignity of individuals involved in the criminal justice system. It allows the presiding judge or justice to limit the use of video recordings in situations where their use would be inappropriate or harmful. This is an important safeguard that helps to ensure that the criminal justice system is fair, just, and respectful of all individuals involved.
STRATEGY
Section 715.2(2) of the Criminal Code of Canada empowers presiding judges or justices with the authority to prohibit any use of a video recording referred to in subsection (1). Subsection (1) requires that all proceedings in a criminal trial, including the testimony of witnesses, be recorded in audio or video format to enable future use in court proceedings. This section requires a balanced approach to ensure that justice is served while protecting the rights of the parties involved. Strategic considerations when dealing with section 715.2(2) include the nature of the video recording in question, the interests of the parties involved and the legal framework within which such recordings are produced. One consideration is the concern for procedural fairness, which ensures that the parties to a case are treated equally before the law. This will guide judges when determining when a video recording may be used, how it should be presented, and which parts of it should be excluded. Additionally, judges must consider the impact of publicity on the rights of the parties involved and their protection under the law. In some cases, access to video recordings, especially those that are not otherwise available to the public, may jeopardize the rights of the accused and have damaging effects on the outcome of the trial. The judges must also be mindful of potential challenges in presenting video evidence to the jury if it is not properly edited. Video evidence that is too long or not relevant to the case may confuse the jury and decrease the likelihood of a favorable verdict. The presentation of video evidence must be carefully crafted to ensure that the jury is presented with clear and relevant evidence that can help them to reach an informed decision. Strategies that could be employed when dealing with this section of the Criminal Code of Canada includes the use of technological advancements to ensure that video recordings are well presented and edited, ensuring that relevant evidence is not suppressed, and that irrelevant footage is not presented. Judges could also employ a team of experts to analyze video evidence to ensure that it is reliable and has not been tampered with. It is also important that the judges are well-informed on the law, precedents, and relevant global best practices to ensure that the underlying principles of justice are upheld. In conclusion, section 715.2(2) requires judges to be cautious, diligent, and procedural in their approach to video recordings presented in the court. Judges must balance the benefit to the public and the rights of the accused in presenting video recording evidence, maintain fairness and objectivity and uphold the fundamental principles of justice. Effective strategies include the use of technology and expert analysis, and ensuring that the judges are informed and equipped with the necessary skills to ensure that justice is served.