INTRODUCTION AND BRIEF DESCRIPTION
This section specifies the required form of initiating proceedings in the Criminal Code of Canada.
SECTION WORDING
788(1) Proceedings under this Part shall be commenced by laying an information in Form 2.
EXPLANATION
Section 788(1) of the Criminal Code of Canada establishes the procedure for commencing proceedings under Part XXVII of the Code. Part XXVII deals with summary convictions, which are minor criminal offences that cannot result in imprisonment for more than two years. The section requires that any such proceedings be commenced by laying an information in Form 2. An information is a written statement that sets out the charge or charges against the accused person. It is typically prepared by the Crown prosecutor and filed with the court. Form 2 is a standard form that sets out the essential elements of the offence or offences that the accused is alleged to have committed, along with other relevant details such as the date and place of the offence, the name of the accused, and the name of the informant (the person who brought the charge). By requiring proceedings to be commenced by laying an information in Form 2, section 788(1) ensures that all summary conviction cases follow the same basic legal procedure. This helps to ensure fairness and consistency in the administration of justice. It also makes it easier for courts to handle large volumes of cases by establishing a standardized format for the initial charging document. In summary, section 788(1) is a procedural provision that sets out the minimum requirements for commencing summary conviction proceedings in Canada. By requiring the use of a standard form, it helps to ensure that all such cases are handled consistently and efficiently.
COMMENTARY
Section 788(1) of the Criminal Code of Canada may seem like a minor detail, but it is an essential provision in criminal proceedings. It mandates that all proceedings under Part XXII of the Criminal Code, which deals with the summary conviction offenses and procedure, must be commenced by laying an information in Form 2. An information is a document that sets out the charges against an accused and the relevant facts to support those charges. Generally, in summary conviction proceedings, prosecution begins with laying an information in court. This information must conform to certain legal requirements, which are specified in Form 2. These requirements include specifying the name of the accused, the offence(s) with which they are charged, the time and place, and the circumstances that constitute the offence(s). Section 788(1) of the Criminal Code standardizes the information requirements for all summary conviction proceedings, which ensures that all cases are treated equally and fairly. Without this provision, there could be confusion about what information is required, resulting in inaccurate or incomplete charging documents. This could lead to challenges by the accused that could result in delays and added costs to the justice system. Additionally, the use of Form 2 in Section 788(1) simplifies the process of commencing criminal proceedings. By providing a standard form of information, it ensures that all the necessary details are recorded and readily accessible to all parties involved in the case. This helps to streamline the process and reduce delays, making the criminal justice system more efficient. Section 788(1) also serves to emphasize the importance of accuracy and completeness in criminal proceedings. The charging document sets out the foundation for the entire case, and any discrepancies or inaccuracies can have significant consequences on the outcome. By mandating the use of Form 2 to commence proceedings, Section 788(1) encourages prosecutors to ensure that their information is accurate, complete, and in compliance with the legal requirements. This obligation helps to safeguard the rights of the accused and maintains confidence in the fairness and integrity of the justice system. In conclusion, Section 788(1) of the Criminal Code of Canada may seem like a trivial provision, but it is essential to the proper functioning of the summary conviction proceedings. It standardizes the information requirements for all cases, ensures accuracy and completeness, simplifies the process of commencing criminal proceedings, and promotes efficiency and fairness in the criminal justice system. Finally, it reinforces the importance of accuracy and completeness in criminal proceedings to ensure justice is served.
STRATEGY
Section 788(1) of the Criminal Code of Canada has significant importance when it comes to commencing the criminal proceedings. It sets out that the proceedings under Part XXVII of the Criminal code, which deals with summary conviction procedures, must be commenced by laying an information in Form 2. This section outlines the procedure for commencing the summary conviction proceedings in an efficient and organized manner. However, certain strategic considerations must be taken into account when dealing with this section of the Criminal Code to ensure successful criminal proceedings. One of the primary strategic considerations is the accuracy of the information laid out in Form 2. The prosecutor must ensure that all the required elements are present in the information, including a clear and concise description of the offence, the jurisdiction, the accused's name and address, and the date of the alleged offence. The information should also be drafted in compliance with all the procedural requirements prescribed under the Criminal Code. Any deficiencies or errors in the information could jeopardize the prosecution's case, and the charges could be dismissed. Another strategic consideration is the timing of when to lay an information. The prosecutor must ensure that they lay the information well within the statutory limitation period for the offence. Failure to do so could result in an acquittal for the accused. Also, the prosecutor may decide not to lay the information immediately after the alleged offence but instead investigate further to gather additional evidence to strengthen their case. However, waiting too long before laying the information could lead to the loss of evidence or memory of witnesses, thus hindering the prosecution's case. A third strategic consideration is the choice of the court to lay the information. Depending on the nature and gravity of the offence, the prosecutor may lay the information in either the inferior court (such as the provincial court) or the superior court (such as the Supreme Court). The choice of the court has significant implications, including the nature and extent of the sentence that the convicted person may face. The prosecutor must take into account the court's jurisdiction, the availability of resources, and the efficiency of the court in dealing with the case. Finally, other strategic considerations may include the plea negotiation, the disclosure of evidence, and the selection of witnesses to testify. The prosecutor must be strategic in their approach to these aspects of the criminal proceedings to ensure a successful outcome. In conclusion, the strategic considerations when dealing with section 788(1) of the Criminal Code of Canada are crucial to the success of the criminal proceedings. The accuracy of the information, the timing of the information, the choice of the court, and other elements must be taken into account to ensure efficiency, competence, and fairness in criminal proceedings. A competent prosecutor must always be vigilant, meticulous, and strategic in navigating the criminal justice system towards a successful outcome.