section 785

INTRODUCTION AND BRIEF DESCRIPTION

This section defines proceedings to include summary conviction for offenses and authorized orders by a justice.

SECTION WORDING

785 In this Part, "proceedings" means (a) proceedings in respect of offences that are declared by an Act of Parliament or an enactment made thereunder to be punishable on summary conviction, and (b) proceedings where a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order.

EXPLANATION

Section 785 of the Criminal Code of Canada provides a definition of proceedings" for the purpose of Part XXVII of the Code. Part XXVII deals with summary conviction offences, which are less serious offences that are usually punished with a fine or a short prison sentence. The definition provided in section 785 includes two types of proceedings: Firstly, it includes proceedings for offences that are declared by an Act of Parliament or an enactment made under it to be punishable on summary conviction. This means that if an offence is specifically listed in a statute as a summary conviction offence, then any proceedings for that offence would fall under the definition of proceedings" in section 785. Secondly, section 785 also includes proceedings where a justice is authorized by an Act of Parliament or an enactment made under it to make an order. This refers to situations where a justice may be authorized to issue an order as part of the proceedings, such as an order to pay restitution or to attend counseling. Overall, section 785 provides clarity and precision in the interpretation of proceedings" in the context of summary conviction offences. By defining this term, it helps ensure consistency and accuracy in the legal process for these types of offences.

COMMENTARY

Section 785 of the Criminal Code of Canada provides a definition for the term proceedings" as used in Part XXVII of the Code. This section is important because it helps to ensure that all parties involved in criminal proceedings are clear on what is included under this definition. Part XXVII of the Criminal Code outlines the fundamental principles of summary conviction procedures. Summary conviction procedures are used for less serious criminal offences and generally result in lower penalties than indictable offences. Part XXVII sets out the rules for how these types of offences are prosecuted in Canadian courts. According to section 785, proceedings under Part XXVII include offences that are declared by an Act of Parliament or an enactment made thereunder to be punishable on summary conviction. This means that the term proceedings" applies to all offences that are specifically designated as summary conviction offences under federal law. Section 785 also extends to proceedings where a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order. This means that a justice can make orders in summary conviction proceedings when authorized by law to do so. Such orders might include orders for restitution, compensation, or other remedies available under the law. The purpose of section 785 is to ensure that the definition of proceedings" is broad enough to encompass all types of summary conviction offences and the legal processes that accompany them. This clarity is important because it helps to ensure that everyone involved in summary conviction proceedings understands the scope of their involvement, including prosecutors, defence counsel, and accused persons. By using a consistent definition of proceedings," the criminal justice system can operate more effectively and efficiently. This definition ensures that everyone involved speaks the same language, which can minimize misunderstandings and disputes. It also helps to ensure that the system is accessible and transparent for all participants. In summary, section 785 of the Criminal Code of Canada provides an important definition for the term proceedings" as used in Part XXVII of the Code. This section helps to ensure that everyone involved in summary conviction proceedings understands the scope of their involvement and speaks the same language. By promoting clarity and accessibility, section 785 helps to ensure that the criminal justice system is fair and effective for all participants.

STRATEGY

Section 785 of the Criminal Code of Canada is a crucial legal provision that defines the scope of 'proceedings' under Canadian law. This section has important implications for criminal trials, sentencing, and appeals, and it is important for lawyers and legal practitioners to understand its provisions and strategic implications. One of the key strategic considerations when dealing with Section 785 is the nature of the offences involved. The section applies to offences that are declared by an Act of Parliament or an enactment to be punishable on summary conviction, as well as cases where a justice is authorized to make an order under an Act of Parliament or an enactment. A summary conviction offence is a less serious criminal offence that can be heard and determined by a summary conviction court, which is generally a lower court than a superior court. In contrast, an indictable offence is a more serious criminal offence that can only be heard and determined by a superior court, and is punishable by imprisonment for more than six months. The distinction between summary conviction and indictable offences is an important one for legal practitioners, as it affects the way that the case is tried, the types of evidence that can be presented, and the sentencing options available to the court. Another key strategic consideration when dealing with Section 785 is the potential for judicial discretion. The section allows a justice to make an order in certain cases, which can effectively grant the judge a degree of discretion in the sentencing or resolution of the case. This discretion can be used in a variety of ways, such as to impose a creative or unorthodox sentence, to take into account the specific circumstances of the case, or to balance competing interests or priorities. When representing a client in a proceeding covered by Section 785, it is important to be aware of the potential for judicial discretion and to make arguments that are tailored to the specific circumstances of the case. A further strategic consideration when dealing with Section 785 is the importance of procedural fairness. Canadian law places a high value on procedural fairness and the right to a fair trial, and this is particularly important in cases covered by Section 785. In proceedings that are authorized under an Act of Parliament or an enactment, there may be specific procedural rules or requirements that must be followed in order for the proceeding to be considered fair and lawful. Legal practitioners need to be aware of these rules and ensure that they are followed, as failure to do so could result in the proceedings being challenged or invalidated. Given these strategic considerations, there are several strategies that could be employed when dealing with Section 785. One approach could be to focus on the nature and severity of the offence, and to argue for a less severe penalty or sentence in cases where the offence is relatively minor or non-violent. Another strategy could be to highlight the potential for judicial discretion, and to argue that the judge should exercise their discretion in a specific way that benefits the client. A third approach could be to place a strong emphasis on procedural fairness, and to ensure that all procedural rules and requirements are followed in order to provide the client with the fairest possible trial. Overall, Section 785 of the Criminal Code of Canada is an important legal provision that has significant strategic implications for legal practitioners. By understanding the nature of the offences involved, the potential for judicial discretion, and the importance of procedural fairness, lawyers can develop effective strategies for representing clients in proceedings covered by this section of the Criminal Code.