section 800(3)

INTRODUCTION AND BRIEF DESCRIPTION

If an organization is the defendant and fails to appear, the court can proceed with the trial without them.

SECTION WORDING

800(3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.

EXPLANATION

Section 800(3) of the Criminal Code of Canada pertains to the legal representation and appearance of organizations in summary conviction court. As per the law, when a defendant is an organization, it is mandatory for them to be represented by counsel or agent in court. Failure to do so can lead to consequences like the court holding the trial without the defense's participation. The objective of this section is to establish a fair trial of an organization that commits a criminal offense. Since organizations can't attend court sessions on their own, they must appoint a representative that represents them and defends them against any charges. Without representation, organizations may not be able to voice out their side of the story and their arguments, making it harder for them to defend themselves against the charges they face. In case the organization does not appear in court and does not appoint a counsel or agent to appear on their behalf, the summary conviction court may proceed ex parte. This means that the court will schedule a trial without the presence of the defendant and hear the plaintiff's case and defense witnesses in the absence of the defense. A verdict will then be reached based on the hearing's evidence and arguments, and the organization may face legal repercussions as per the ruling. In summary, Section 800(3) of the Criminal Code of Canada ensures that organizations facing criminal charges receive a fair trial by mandating their appearance in court with counsel or agent representing their side. It also introduces legal consequences for failing to comply with the requirement to attend trial despite being summoned.

COMMENTARY

Section 800(3) of the Criminal Code of Canada provides provisions for cases where the defendant is an organization. Under this section, the defendant organization is required to appear by counsel or agent during the trial proceedings, failing which the summary conviction court may proceed with the trial ex parte by providing proof of summons service. The primary objective of this provision is to ensure that the rights of the defendant organization are protected during the legal process. An organization may have multiple members or may engage in complex transactions that require legal representation to navigate the legal system efficiently. Requiring the organization to appear through counsel or agent ensures that the organization receives fair treatment and legal support during the trial process. Counsel or agent of the organization can analyze evidence, present arguments, or cross-examine witnesses to secure the best possible outcome for the organization. However, if the defendant organization fails to appear through counsel or agent during the trial proceedings, section 800(3) provides for the trial to proceed ex parte. In this scenario, the summary conviction court may provide proof of summons service to the defendant organization and proceed with the trial without their presence. This provision ensures that the trial process is not held up indefinitely or left unfinished due to the absence of the defendant organization. The court can complete the trial and determine a verdict based on the evidence provided, even in the absence of the defendant organization. It is worth noting that the provision of section 800(3) is specific to summary conviction offences, which are considered less severe compared to indictable offences. Summary conviction offences are usually punishable by monetary fines or short-term imprisonment. Therefore, it is essential to ensure that the process is not unnecessarily delayed, and a verdict is obtained promptly. In conclusion, section 800(3) of the Criminal Code of Canada is an important provision that ensures that defendant organizations receive fair treatment during the trial process. It requires organizations to appear through counsel or agent to navigate the legal system efficiently and provides for the trial to proceed ex parte in case the defendant organization fails to appear. The provision ensures that the trial process is not delayed indefinitely, and a verdict is obtained promptly, particularly in summary conviction offences.

STRATEGY

Section 800(3) of the Criminal Code of Canada is a critical provision that outlines the procedure for holding trials for organizations. This section requires that organizations must appear in court through counsel or agent; failure to appear provides the court with the authority to proceed ex parte, meaning the trial may still proceed without the presence of the organization. This section presents several strategic considerations that lawyers and organizations need to consider when dealing with criminal charges. One of the most critical strategic considerations is deciding whether to appear in court or not. Failure to appear may result in an ex parte proceeding, and the organization may not have the opportunity to present its case. In most cases, it is unwise to let an ex parte proceeding occur, as the organization could be found guilty without a defense. Therefore, the organization should consider appearing in court through counsel. Another strategic consideration is the choice of legal counsel or agent. The organization must ensure that it has competent and experienced counsel who are knowledgeable in criminal law. A good criminal defense lawyer will provide guidance and defend the organization against the charges brought against them. Organizations should carefully choose their counsel or agent, considering factors such as the lawyer's experience, success rate, and fees. Further, the manner in which the summons is served is another important consideration when dealing with Section 800(3). The summons must be served in compliance with the rules of service, or else the trial may not proceed. Organizations must ensure that they are aware of the procedures for serving legal documents, such as summons, and comply strictly with these procedures. Failure to comply with the rules of service can lead to costly adjournments, which may delay justice. The strategy employed in the defense of a criminal charge will depend on the circumstances of the case and the organization's standing. In some cases, the best strategy is to plead guilty and seek a reduced sentence. Alternatively, organizations could opt to challenge the charges, arguing that there is insufficient evidence to support the allegations. In such cases, the prosecution must prove the charges beyond a reasonable doubt. Overall, organizations must approach charges brought against them in a careful and strategic manner. Failure to do so could lead to substantial fines, loss of reputation, or even a jail term for employees. It is critical to select experienced and competent counsel who can provide guidance and defend the organization against the charges brought against them. By adhering to the procedures outlined in Section 800(3) of the Criminal Code of Canada, organizations can minimize their legal exposure and protect their best interests.