INTRODUCTION AND BRIEF DESCRIPTION
Two or more justices must be present and act together at a trial, but one justice can act alone for subsequent proceedings.
SECTION WORDING
790(2) Where two or more justices have jurisdiction with respect to proceedings, they shall be present and act together at the trial, but one justice may thereafter do anything that is required or is authorized to be done in connection with the proceedings.
EXPLANATION
Section 790(2) of the Criminal Code of Canada outlines the rules and procedures that govern the presence and actions of justices in criminal proceedings that involve more than one justice. When multiple justices have jurisdiction over a criminal trial, the law requires that they be present and act together during the proceedings. This ensures that all justices have a shared understanding of the case, its facts, and the evidence presented, and allows for better decision-making and judgment. However, once the trial is completed, the section allows for one justice to take over and perform necessary actions or tasks related to the proceedings. This means that after the trial, one justice is granted the authority to make any decisions, orders, or rulings that are required or authorized under the law, including issuing a verdict, imposing a sentence, or making any other necessary orders. This section is crucial in ensuring the fair and impartial administration of justice in Canada. By requiring that multiple justices be present and act together during criminal proceedings, it allows for a more thorough and comprehensive assessment of the case, which can help to prevent errors and miscarriages of justice. Additionally, the provision that allows for one justice to continue to perform necessary tasks after the conclusion of the trial provides for a more efficient and streamlined process, which can help to reduce delays in the processing of cases and ensure that justice is served in a timely manner.
COMMENTARY
Section 790(2) of the Criminal Code of Canada is an important provision that governs the conduct of criminal proceedings in Canada. The provision establishes the principle of judicial collaboration in any proceeding where two or more justices have jurisdiction, requiring them to be present and act together during the trial. This is an important safeguard that ensures the fairness and impartiality of criminal proceedings. The requirement for joint action by the justices ensures that all legal issues that arise during the trial are considered and addressed in a balanced and informed manner. This helps to prevent any one justice from dominating the proceedings or making critical decisions without input from their colleagues. Moreover, having multiple justices working together can ensure that all aspects of the law, including procedural and evidentiary matters, are correctly interpreted and applied. However, section 790(2) also recognizes that after the trial, one justice may be authorized to do anything required in connection with the proceedings. This provision recognizes that there are various ancillary matters that may arise after the trial, such as sentencing, appeals, and other post-trial procedures. Allowing a single justice to handle these matters can help to expedite the process and avoid unnecessary delays. Section 790(2) is an essential part of the Criminal Code of Canada that reflects the importance of collaboration and impartiality in our justice system. It supports the principle of the rule of law by ensuring that all parties to a criminal proceeding receive fair and equal treatment. Moreover, it helps to promote public confidence in the judicial system by demonstrating that criminal proceedings are conducted in a transparent and open manner. It is worth noting, however, that section 790(2) is not without its challenges. The requirement for multiple justices to work together can sometimes create logistical issues and delays, particularly in cases where there are numerous legal issues or complex facts. Moreover, the provision assumes that all justices will work together cohesively, which may not always be the case. Nonetheless, these challenges do not undermine the importance of section 790(2) in the Canadian justice system. On the contrary, they highlight the need for consistent and ongoing efforts to refine and improve the conduct of criminal proceedings in Canada. By working together and adhering to the principles enshrined in section 790(2) and other key provisions of the Criminal Code of Canada, Canada's justice system can continue to uphold the rule of law and ensure that justice is served fairly and equitably for all Canadians.
STRATEGY
Section 790(2) of the Criminal Code of Canada has important implications for the conduct of criminal proceedings in Canada, particularly for cases involving multiple justices who have jurisdiction. Some strategic considerations that lawyers and litigants should keep in mind when dealing with this section of the Code include: 1. The Importance of Co-operation Among Justices: The requirement for two or more justices to act together at the trial can be a challenge for lawyers and litigants, as it may involve scheduling conflicts or differences in judicial opinion. However, it is important to remember that this requirement is intended to ensure fairness and impartiality in the proceedings. Lawyers and litigants should strive to foster co-operation and effective communication among justices to ensure the smooth running of the trial. 2. Maximizing Use of Time: The requirement for multiple justices to be present and act together at the trial can result in delays and a slower pace of proceedings. To mitigate this, lawyers and litigants should focus on maximizing the use of time during trial, such as by using breaks between sessions to review documents or prepare arguments. Additionally, it may be helpful to prioritize evidence and streamline the presentation of the case to minimize the time required. 3. Preparing for Post-Trial Proceedings: Once the trial is complete, one justice may be authorized to do anything required in connection with the proceedings. This can include making decisions on evidentiary issues, ruling on objections, and issuing a verdict. Lawyers and litigants should prepare for this possibility by ensuring that all relevant information has been presented and all legal arguments have been made. Additionally, it may be beneficial to anticipate potential post-trial issues and have a plan in place for addressing them. 4. Managing the Courtroom: The presence of multiple justices in the courtroom can create challenges in terms of managing the proceedings and maintaining a sense of order. Lawyers and litigants should be mindful of the need to manage the courtroom effectively, such as by being respectful to the justices, keeping arguments concise and relevant, and avoiding any unnecessary disruptions or delays. 5. Being Strategic in Jury Selection: Where a case involves a jury, lawyers and litigants should be strategic in selecting jurors who will be able to understand and follow the complex legal issues involved in a trial with multiple justices. This may involve emphasizing the importance of impartiality and fairness, as well as selecting jurors who are open-minded and willing to consider multiple perspectives. Overall, there are numerous strategic considerations to keep in mind when dealing with Section 790(2) of the Criminal Code of Canada. By being prepared, staying focused, and managing the courtroom effectively, lawyers and litigants can navigate these challenges and help ensure a fair and just trial.