section 785


This section defines trial to include the hearing of a complaint.


785 In this Part, "trial" includes the hearing of a complaint.


Section 785 of the Criminal Code of Canada provides a definition for the term "trial" under this legislative instrument. It states that a "trial" includes the hearing of a complaint which could be interpreted to mean that not only formal court trials but also other forms of legal proceedings such as complaints filed with law enforcement officials would fall under this category. It shows that Canadian law recognizes that a trial is not necessarily a traditional court trial, but rather any legal process through which an individual must be judged by their peers. This section's inclusion in the Criminal Code is essential because it sets boundaries for what proceedings are legally recognized as a trial. By defining a trial's scope, the section clearly defines which processes require adherence to legal procedures and criminal justice protocols. This ensures that all cases that fall under this definition will receive the same procedural protections and due process rights as traditional trials. This section becomes particularly relevant in cases where individuals are accused of criminal or other wrongful conduct, and the method of resolving the complaint or accusation is not a formal court trial. Overall, Section 785 of the Criminal Code of Canada is an essential legislative provision for ensuring procedural fairness in any form of legal proceeding. Its commitment to ensuring that all individuals receive the same rights and protections during a trial, whether a formal court trial or a hearing of a complaint, make it an essential part of Canada's legal system.


Section 785 of the Criminal Code of Canada is a crucial provision in the Canadian legal system because it takes a broader approach towards the court process. This provision defines 'trial' as not just the formal criminal trial, but it also includes the hearing of a complaint. The hearing of a complaint refers to the process of filing a complaint with the police or a court when a criminal act has occurred. This section of the Criminal Code encompasses many different stages in the criminal justice system, ensuring a fair and just process for all involved. The inclusion of a complaint in the definition of a 'trial' in this section of the Criminal Code is important because it guarantees that the accused person is granted the right to defend themselves in any legal proceedings. The hearing of a complaint allows the accused to be notified of the charges against them and the evidence the Crown has against him or her. They are also given the opportunity to gather their own evidence and build a defense to the accusations made against them. Without this provision, individuals may not have the opportunity to have their voice heard fully, and the process of seeking justice could be hindered. Another importance of section 785 of the Criminal Code of Canada is its impact on the Canadian legal system as a whole. The provision defines the broad concept of a 'trial' in criminal proceedings, ensuring those who are involved understand the legal process they are going through. It helps the process to appear more transparent and offers a sense of structure to those who may be unfamiliar with the Canadian justice system. The hearing of a complaint portion of the definition could also encourage victims and witnesses to come forward with information as they are aware of their rights and the options available to them. Moreover, this provision is essential because it acknowledges the various forms of crimes possible in Canada, some of which may not result in formal legal trials. Crimes like theft, assault, and mischief can all occur without a victim seeking a formal trial, but the hearing of a complaint still affords the accused individual their rights. It highlights and recognizes the legal system's interest in ensuring justice is served in all instances, regardless of the magnitude of the crime or the victim's position. In conclusion, section 785 of the Criminal Code of Canada defines the term 'trial' broadly, including the hearing of a complaint in criminal proceedings. This provision ensures that all accused individuals are given the opportunity to defend themselves to the fullest extent of the law, and it generates a sense of fairness and structure in the Canadian legal system. It highlights the legal system's commitment to justice, regardless of the criminal act's magnitude or the victim's status. The Criminal Code's existence as amended takes into account social changes and reinforces protection of all persons involved in matters concerning Criminal Law.


Section 785 of the Criminal Code of Canada is an essential provision that must be carefully considered when dealing with complaints and trials. This section defines trial" to include the hearing of a complaint, which means that the procedures, rules, and strategies typically employed in trials must also be considered in complaints. One strategic consideration when dealing with section 785 is that a complaint hearing is still a formal legal process, and it should be approached with the same level of seriousness and attention as a full trial. This means that the defense counsel must be prepared to present their case persuasively and methodically, while the prosecution must be ready to prove their case beyond a reasonable doubt. Another strategic consideration is the importance of understanding the rules of evidence to be applied in a complaint hearing. While the rules of evidence in complaints are generally more relaxed than in trials, it is still important to have a solid understanding of what evidence will be admissible and how it will be presented. An effective strategy for dealing with section 785 is to focus on the strengths of the complaint or defense. For the prosecution, this may involve focusing on the credibility of the complainant or any physical evidence that supports their case. For the defense, this may involve highlighting any inconsistencies in the complainant's testimony or the lack of corroborating evidence. Another effective strategy for dealing with section 785 is to be proactive in addressing potential issues before they arise. This may involve identifying any weaknesses in the prosecution's case or potential challenges to the admissibility of certain evidence and preparing appropriate arguments in advance. In conclusion, section 785 of the Criminal Code of Canada is a critical provision that must be considered when dealing with complaints and trials. Effective strategies for dealing with this section may include treating complaints with the same level of gravity as full trials, understanding the rules of evidence, focusing on strengths, and being proactive in addressing potential issues. By employing these strategies, legal professionals can ensure that they are presenting the strongest possible case in any complaint hearing.