INTRODUCTION AND BRIEF DESCRIPTION
If the prosecutor does not appear for a trial, the summary conviction court may dismiss the case or adjourn the trial on appropriate terms.
SECTION WORDING
799 Where, in proceedings to which this Part applies, the defendant appears for the trial and the prosecutor, having had due notice, does not appear, the summary conviction court may dismiss the information or may adjourn the trial to some other time on such terms as it considers proper.
EXPLANATION
Section 799 of the Criminal Code of Canada pertains to situations where a defendant is in court for trial but the prosecutor fails to appear, despite having had sufficient notice. This section outlines the options available to the summary conviction court in such circumstances. Firstly, the court may dismiss the information, effectively dropping the charges against the defendant. Secondly, the court may choose to adjourn the trial to another time, but on terms that it considers appropriate. This could include requiring the prosecutor to pay costs, or imposing conditions on the adjournment. The purpose of this section is to ensure that both parties are present for trial proceedings to allow for a fair and just trial, as well as to ensure that court time and resources are not wasted due to a failed appearance by the prosecutor. It also provides a means of recourse for the defendant who would not otherwise have any formal way of seeking justice if the prosecutor continually failed to appear, thereby effectively denying the defendant their right to trial. Overall, Section 799 serves as a safeguard against procedural unfairness and encourages accountability and responsibility on the part of all parties involved in the criminal justice system.
COMMENTARY
Section 799 of the Criminal Code of Canada is a provision that outlines the consequences of the prosecutor failing to appear in proceedings to which this Part applies, while the defendant appears for trial. The provision gives power to the summary conviction court to dismiss the charges or adjourn the trial given the circumstances. In this commentary, I will explore the significance of section 799, its implications, and the reasoning behind it. At its core, section 799 serves as a safeguard of fairness in the criminal justice system. If a defendant is required to attend trial, but the prosecutor fails to appear, it is only fair that the defendant should not bear the consequences of the prosecutor's absence. The section provides defendants with the right to ensure that the trial process is completed in a fair and timely manner. Criminal trials are of utmost importance for both the accused and the prosecutor and, thus, require a fair hearing in which both parties have the prospect of presenting their case. The provision applies to proceedings where an information has been laid against the accused pursuant to the Criminal Code of Canada, or any other federal statute. These include summary conviction proceedings, quasi-criminal proceedings, and preliminary inquiry proceedings. The provision does not apply to indictable offences, which involve more complex legal procedures. However, the principle behind section 799 is applicable at all stages of a criminal proceeding. Section 799 grants the summary conviction court with the discretion to dismiss the information or adjourn the trial. The court is to make this decision based on the terms it considers proper, which enables them to exercise their discretion based on the circumstances of each case. The court may well impose conditions which the defendant needs to meet for the adjournment to take place. However, the judge must carefully weigh up all factor to ensure that adjournment does not cause any significant prejudice to the accused. The provision is in the interest of justice for both the defendant and the prosecution as the judge will adjourn the matter to ensure that it progresses in a fair and just manner. It is reasonable to assume that the prosecutor's non-appearance at the trial could be due to a genuine reason, such as illness or an emergency. However, failure to prosecute implies that the prosecution brings the justice system to disrepute and wastes the court's valuable resources. Section 799 has its implications and could have various effects on the judicial system. For instance, it could serve to deter prosecutors from turning up to work or assigning errors in documentation. It shows that the court takes a dim view of the prosecution not pitching. Furthermore, it may result in higher numbers of dismissals of cases, which may put pressure on the prosecutor and the justice system. However, the provision serves as a mechanism to ensure justice is served, which is of far greater consequence, therefore any adverse effects are minimal. In conclusion, section 799 of the Criminal Code of Canada is an important provision in ensuring that criminal proceedings are conducted fairly and justly. It grants the summary conviction court discretion in dismissing information or adjourning the trial, with the aim of protecting the rights of the defendant and preventing the justice system from becoming ineffective. The provision serves as a benchmark for future practice and lays the foundation for a fairer and more efficient criminal justice system. Prosecutors must take note of their responsibilities legally and ethically and must not allow the justice system to be put in disrepute by their non-appearance. Overall, section 799 is a commendable provision that secures justice for all parties involved in criminal proceedings.
STRATEGY
Section 799 of the Criminal Code of Canada provides an opportunity for strategic considerations when dealing with criminal proceedings where the defendant appears for trial, but the prosecutor fails to appear after receiving due notice. This section empowers the summary conviction court to dismiss the information or adjourn the trial on terms that it considers appropriate. One strategic consideration for the defendant in this situation is to request an adjournment to a later date. This can allow the defendant to gather more evidence or to arrange for legal representation if necessary. In addition, it gives the defendant more time to prepare a defense and to devise a strategy that can lead to a favorable outcome. Another strategy that could be employed is to request the dismissal of the charges on the basis of the prosecutor's failure to appear. While it may be unlikely that the court will dismiss the charges outright, the motion for dismissal can pressure the prosecutor to take the case more seriously and to prepare a more robust case in the future. If the defendant is represented by counsel, they may also seek to negotiate with the prosecutor. The prosecutor may be willing to offer a deal in exchange for a guilty plea from the defendant. This could include a reduction in charges or a lesser sentence. However, defendants should be aware that any plea negotiations should be done with the assistance of legal counsel. Defendants should also take into account their own interests when considering how to proceed in this situation. They should consider whether they want to take the risk of going to trial or whether it may be better to accept a plea deal. Additionally, they should consider the possible consequences of being found guilty of the charges. This can include a criminal record, fines, and possible imprisonment. In conclusion, section 799 of the Criminal Code of Canada offers the defendant an opportunity to take strategic considerations when faced with criminal proceedings where the prosecutor fails to appear after receiving due notice. Strategies such as requesting an adjournment, negotiating with the prosecutor, or seeking a dismissal of the charges can be used to achieve a favorable outcome. However, the defendant should always make decisions with the advice of competent legal counsel and in their own best interests.