INTRODUCTION AND BRIEF DESCRIPTION
One justice can receive and issue warrants for information without the need for multiple justices.
SECTION WORDING
788(2) Notwithstanding any other law that requires an information to be laid before or to be tried by two or more justices, one justice may (a) receive the information; (b) issue a summons or warrant with respect to the information; and (c) do all other things preliminary to the trial.
EXPLANATION
Section 788(2) of the Criminal Code of Canada provides a provision that allows one justice to receive an information, issue a summons or warrant, and carry out all the preliminary steps required for a criminal trial. This provision overrides any other law that requires the information to be tried by two or more justices. This means that a single justice can conduct a trial and make judgments on his or her own. This section is relevant in situations where a case may not be considered serious enough for a full trial with multiple justices. Instead, it enables a single justice to handle such cases. This provision also ensures that justice is delivered promptly, and the right to a trial without undue delay is further enhanced. Furthermore, this provision ensures that the justice system is efficient, and it eliminates the possibility of delays due to the unavailability of multiple justices at a time. This provision makes it quicker and easier for minor cases to be processed and resolved, without wasting judicial resources. In summary, section 788(2) of the Criminal Code of Canada is a critical provision that enhances effectiveness and efficiency in the delivery of justice. It is a provision that ensures that minor cases are handled with the urgency required, without denying the accused the right to a fair trial in the process.
COMMENTARY
Section 788(2) of the Criminal Code of Canada is a provision that plays a pivotal role in the administration of justice in the country. This section grants judicial power to one justice, allowing them to take charge of preliminary matters related to a trial that would otherwise require two or more justices. The purpose of this provision is to ensure smooth and efficient administration of justice, reducing the delays and costs associated with legal proceedings. By allowing a single justice to take the lead on preliminary matters such as receiving an information, issuing a summons or warrant, and other procedural steps, the system is streamlined and made more efficient. This provision also allows courts to dispose of cases more quickly, reducing the backlog of cases that can build up over time. One of the key benefits of section 788(2) is that it allows for greater flexibility in the justice system. In some cases, it may be difficult or impractical to have multiple justices involved in the early stages of a trial. For example, if one justice is not available, the proceeding could be delayed or postponed. This could result in unnecessary costs and inconvenience for all parties involved. By allowing a single justice to take the lead in preliminary matters, the proceedings can move forward without delay, reducing frustration and expenses for everyone involved. Another important benefit of this provision is that it helps to ensure consistency in judicial decisions. When multiple justices are involved in a trial, there is always a risk that different justices may have different views on the same matter. This can lead to confusion and inconsistency in legal rulings, which can be frustrating for litigants and undermine public confidence in the justice system. By allowing a single justice to take the lead in preliminary matters, there is a greater likelihood that the decisions made will be consistent with legal precedent and the overall goals of the justice system. Despite its many benefits, section 788(2) is not without its critics. Some argue that it gives too much power to a single individual, potentially leading to abuses of authority or bias. Others have raised concerns that the provision could be used to rush through cases without proper consideration or due process. These are valid concerns, and it is important that the justice system continue to review and evaluate the use of this provision to ensure that it is being used appropriately and in accordance with the principles of fairness and justice. Overall, section 788(2) of the Criminal Code of Canada is an important provision that helps to ensure a fair and efficient justice system in the country. While it is not without its critics, the many benefits of this provision make it an important aspect of the Canadian legal landscape. By allowing a single justice to take charge of preliminary matters and streamline legal proceedings, section 788(2) helps to ensure that justice is served quickly, efficiently, and fairly.
STRATEGY
Section 788(2) of the Criminal Code of Canada provides that one justice is sufficient for receiving an information, issuing a summons or warrant, and doing all other things preliminary to the trial. This provision has significant implications for legal practice and strategic considerations for lawyers dealing with criminal trials. One of the key strategic considerations when dealing with Section 788(2) is the potential impact on the outcome of the case. The process of laying an information and preparing for trial involves a range of complex legal and procedural requirements, and having only one justice overseeing the entire process can increase the risk of errors, mistakes, or oversights. This means that lawyers must be strategic and methodical in their approach to ensure that no critical steps are missed and all relevant evidence is presented. Additionally, lawyers must be able to effectively advocate for their clients in front of a single justice, rather than relying on a multi-justice panel to balance out any potential biases or blind spots. Another strategic consideration when dealing with Section 788(2) is the potential impact on the timeline of the case. Because the requirement for multiple justices is removed, there is the potential for cases to move more swiftly through the system. However, this can also place increased pressure on lawyers to prepare and present their cases quickly and effectively. Lawyers must be prepared to work efficiently and effectively within the confines of a shortened timeline, while also ensuring that their client's rights are protected and their interests are represented. In terms of strategies that could be employed when dealing with Section 788(2), one of the most important is careful and thorough preparation. Lawyers must maintain a detailed understanding of the facts of the case, the applicable legal principles and procedures, and the potential strategies and arguments that could be employed. They must also be able to communicate effectively with their clients, judges, and other stakeholders to ensure that everyone is on the same page and working towards a common goal. Additionally, lawyers may choose to use various legal tools and resources, such as case law precedents, expert witnesses, or investigatory methods, to bolster their cases and present the strongest possible arguments. Another strategy that could be employed when dealing with Section 788(2) is to maintain a strong working relationship with key stakeholders in the criminal justice system. This might involve cultivating relationships with judges, prosecutors, police officers, or other relevant individuals in order to gain insights into the legal and procedural landscape, as well as any potential biases or challenges. By maintaining strong relationships with key stakeholders, lawyers can better position themselves to navigate the criminal justice system and achieve the best possible outcomes for their clients. Overall, Section 788(2) of the Criminal Code of Canada has significant implications for legal practice and strategic considerations for lawyers dealing with criminal trials. By carefully preparing their cases, working efficiently within the timeline, and maintaining strong relationships with key stakeholders, lawyers can effectively navigate this provision and achieve the best possible outcomes for their clients.