INTRODUCTION AND BRIEF DESCRIPTION
This section requires written and sworn charges for proceedings and mandates separate counts for each offense or complaint.
SECTION WORDING
789(1) In proceedings to which this Part applies, an information (a) shall be in writing and under oath; and (b) may charge more than one offence or relate to more than one matter of complaint, but where more than one offence is charged or the information relates to more than one matter of complaint, each offence or matter of complaint, as the case may be, shall be set out in a separate count.
EXPLANATION
Section 789(1) of the Criminal Code of Canada sets out the requirements for the form and content of an information in criminal proceedings. An information is a written document that sets out the charges against a person accused of a crime, and is typically used in cases where no indictment has been preferred by a grand jury. The section requires that the information be sworn under oath, meaning that the person making the statement is attesting to its truthfulness and acknowledging the potential consequences of making a false statement. Additionally, the section allows for multiple charges or complaints to be included in a single information, but requires that each charge or complaint be set out separately as a count. This means that the accused person will know exactly what they are being charged with, and can respond to each specific count individually. It also allows the court to make separate findings of guilt or innocence for each count, based on the evidence presented. The purpose of these requirements is to ensure that the accused person is fully informed of the charges against them, and that the court is able to make a fair and just determination of guilt or innocence. By requiring the information to be in writing and under oath, the section helps to prevent false or malicious accusations, and ensures that the information is taken seriously by the court. Overall, this section represents an important aspect of Canada's criminal justice system, and serves to protect the rights of both the accused and the state.
COMMENTARY
Section 789(1) of the Criminal Code of Canada sets out the requirements for the form and content of an information in proceedings to which Part XXVII of the Code applies. This Part of the Code deals with summary conviction offences and other proceedings before justices. The first requirement under this section is that the information shall be in writing and under oath. This means that the person laying the charge must provide a written statement setting out the offence or offences alleged and must swear or affirm that the contents of the statement are true. This requirement helps to ensure that the information is accurate and reliable and provides a basis for the accused to respond to the allegations. The second requirement under this section is that an information may charge more than one offence or relate to more than one matter of complaint. This allows for a single information to be used to bring multiple charges against an accused or to relate multiple allegations of wrongdoing. However, this must be done in a specific way. Each offence charged or matter of complaint must be set out in a separate count. The purpose of this requirement is to ensure that the accused is able to understand the allegations against them and to be able to respond to each one separately. This can be important in cases where the charges are complex or where the facts underlying each charge are distinct. By setting out each charge or complaint in a separate count, the accused is able to respond to each one separately and can avoid confusion about which facts or evidence relate to which charge. The requirement for separate counts can also help to ensure that the trial proceeds efficiently and effectively. By allowing the accused to respond to each charge separately, the trial can focus on each charge in turn, rather than trying to address multiple charges at once. This can help to ensure that the evidence is presented in a clear and logical way, which can in turn help the court to reach a just and fair decision. Overall, Section 789(1) of the Criminal Code of Canada helps to ensure that proceedings under Part XXVII of the Code are conducted in a fair and efficient manner. By requiring written, sworn statements and separate counts for each charge or matter of complaint, the accused is able to understand the allegations against them and respond to each one separately. This can help to ensure that the trial is fair and that justice is served.
STRATEGY
Section 789(1) of the Criminal Code of Canada outlines the requirements for an information in proceedings under Part XXVII of the Code, which pertains to summary convictions. The section requires that the information be in writing and under oath, and allows for the charging of multiple offences or complaints, provided each is set out in a separate count. When dealing with this section, there are several strategic considerations that counsel may need to take into account in order to present the best case possible. One key consideration is the drafting and preparation of the information itself. Because the information must be in writing and under oath, counsel must ensure that it accurately sets out all relevant facts and allegations, and that the wording is clear and concise. This will not only help to strengthen the case, but also make it easier for the prosecutor to present the information in court and for the judge to understand the charges. Another aspect to consider is the potential impact of charging multiple offences or multiple matters of complaint in a single information. While this is allowed under the section, it may be more difficult for the prosecutor to present a clear and coherent case if there are too many charges or complaints involved. Additionally, charging too many offences or complaints could result in the information being deemed too complex, which could result in delays or even a stay of proceedings. To address these issues, counsel may employ a number of strategies. For example, they may choose to focus on the most serious offences or the most important matters of complaint, rather than charging every alleged offence or complaint. This can help to streamline the case and make it easier to present in court. Alternatively, counsel may consider breaking down the charges by date or location, or grouping similar offences or complaints together in order to make the case more manageable. Another strategy that may be employed is to negotiate with the Crown to reduce the number of charges or complaints included in the information. This may be beneficial in cases where there are weaker charges or complaints that may not be easily proven in court, or where there is a risk of the information being deemed too complex. In conclusion, section 789(1) of the Criminal Code of Canada sets out the requirements for an information in proceedings under Part XXVII of the Code. When dealing with this section, strategic considerations must be taken into account in order to present the best possible case. These may include careful drafting and preparation of the information, as well as considering the impact of multiple charges or complaints and employing various strategies to address these issues. By taking these factors into account, counsel can help to ensure a successful outcome for their clients.