section 794(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that no legal exceptions or qualifications need to be mentioned in an information.

SECTION WORDING

794(1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.

EXPLANATION

Section 794(1) of the Criminal Code of Canada is an important provision that outlines a fundamental principle of criminal law. The section states that when an individual is charged with an offense, there is no need for the prosecutor to list any type of exception, exemption, proviso, excuse, or qualification in the information. This means that if an offense is deemed illegal under the law, then it is not necessary to justify or provide any explanation for that offense. The reason for this provision is to emphasize the seriousness of a criminal offense. It ensures that individuals are held accountable for their actions, regardless of any possible justification or explanation they may provide. By not allowing any exceptions to be set out, the law reinforces the importance of personal responsibility and discourages individuals from attempting to evade responsibility for unlawful actions. Additionally, this provision helps to streamline the criminal justice process by avoiding any unnecessary complexities and arguments over exceptions and exemptions. It also ensures that cases can be resolved efficiently and effectively. Overall, Section 794(1) of the Criminal Code of Canada is a crucial component of the Canadian criminal justice system. It helps to maintain accountability, encourage personal responsibility, and ensure that justice is served in a timely and efficient manner.

COMMENTARY

At first glance, Section 794(1) of the Criminal Code of Canada may seem confusing or even irrelevant to most people. However, it is a crucial provision that impacts the way criminal cases proceed in Canada. In essence, this section states that there is no need for prosecutors to include in the information any exception, exemption, proviso, excuse, or qualification prescribed by law. This means that when an accused person is charged with an offence, the prosecution does not have to prove that the accused person does not fall within any of these categories. The importance of this provision lies in the fact that it simplifies criminal proceedings. Without Section 794(1), prosecutors would have to include exhaustive lists of all possible exceptions, exemptions, and provisos in the information, making it lengthy and complex. This would not only cause delays in the criminal justice system but also put undue stress on individuals who are already facing criminal charges. It is also worth noting that Section 794(1) places the burden of proof on the accused person to prove that they fall within these categories if they wish to use them as a defence. This is in line with the principle of innocent until proven guilty, which places the burden of proof on the prosecution to prove their case against the accused. It is important to mention that some exceptions, exemptions, provisos, excuses, or qualifications prescribed by law may still need to be set out or negatived in certain cases. For example, if the defence raises one of these categories, the prosecution may have to clarify their position on the matter. Additionally, certain provisions of the Criminal Code itself prescribe that certain exceptions or exemptions be set out in the information. Overall, Section 794(1) of the Criminal Code of Canada is a necessary provision that simplifies criminal proceedings and places the burden of proof on the accused to prove their defence. However, it is important to keep in mind that exceptions, exemptions, provisos, excuses, or qualifications prescribed by law may still need to be addressed in some cases to ensure fairness and a just outcome.

STRATEGY

Section 794(1) of the Criminal Code of Canada is a provision that mandates that no exception, exemption, proviso, excuse, or qualification prescribed by law needs to be set out or negatived in an information. The importance of this section lies in the fact that it allows the prosecution to successfully convict an accused without having to prove that the accused knew of any possible exception or exemption that could potentially apply to the offence charged. This provision imposes a heavy burden on the accused to demonstrate that they fall within the exceptions or exemptions specified by law. Strategic considerations when dealing with Section 794(1) involve a careful analysis of the applicable law and a strategic approach to presenting the case in court. Some key strategic considerations include: 1. Compliance with disclosure rules: The prosecution is required to disclose all relevant information and documents to the accused, including any exceptions, exemptions, provisos, excuses, or qualifications that may apply to the charge. The defence must ensure that they have obtained the necessary information and documents to identify any potential defences or exceptions to the charge. 2. Pre-trial motions: The defence may file pre-trial motions seeking to have the charge dismissed on the basis that the prosecution has failed to disclose relevant information or that the charge is deficient in some other way. The defence may also seek to have evidence excluded on the basis that it was obtained in violation of the accused's Charter rights. 3. Negotiation of a plea: In some cases, negotiating a plea may be the best strategic option for the accused. If the accused pleads guilty to a lesser charge or accepts a plea bargain, they may be able to avoid a conviction for the original charge and the harsh penalties that may come with it. 4. Presentation of evidence: The defence must carefully present any evidence that supports the accused's claim that they fall within an exception or exemption prescribed by law. This may involve obtaining expert testimony, presenting circumstantial evidence, or demonstrating that the prosecution has failed to meet its burden of proof. 5. Jury instructions: If the case goes to trial, the defence may request the judge to provide instructions to the jury regarding the exceptions or exemptions prescribed by law. The defence may also request that the judge instruct the jury that the accused need not prove that they knew of any exceptions or exemptions that may apply to the charge. 6. Argument on sentencing: Even if the accused is found guilty, the defence may argue that the sentence imposed should be lesser if the accused demonstrates that they are within the exception or exemption prescribed by law. This may involve presenting mitigating evidence to show that the accused did not act intentionally or that they acted under duress. In conclusion, Section 794(1) of the Criminal Code of Canada is an essential provision that imposes a heavy burden on the accused to demonstrate that they are within the exceptions or exemptions prescribed by law. Strategic considerations when dealing with this provision require careful analysis of the applicable law, a thorough review of the evidence, and a strategic approach to presenting the case in court. Employing the right strategies can make all the difference between a successful conviction or a successful defence.