INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the requirement to state the information against the defendant and ask for a plea or cause to show why an order should not be made.
SECTION WORDING
801(1) Where the defendant appears for the trial, the substance of the information laid against him shall be stated to him, and he shall be asked, (a) whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction; or (b) whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order.
EXPLANATION
Section 801(1) of the Criminal Code of Canada outlines the procedure to be followed when a defendant appears in court for trial. It states that the defendant must be informed of the substance of the charges against them, and given the opportunity to enter a plea of guilty or not guilty. This requirement applies specifically to cases in which the offense is punishable on summary conviction, which is a less severe form of punishment than a full criminal trial. The section also applies to cases where a justice is authorized by law to make an order against the defendant. In these cases, the defendant must be given the opportunity to present evidence or arguments as to why such an order should not be made. Overall, Section 801(1) ensures that defendants have a fair and transparent criminal justice process. By being informed of the charges against them and given the chance to enter a plea or make their case before a justice, defendants are able to fully participate in their own defense. This process is essential to the protection of defendants' fundamental rights and the legitimacy of the criminal justice system.
COMMENTARY
Section 801(1) of the Criminal Code of Canada is a fundamental requirement of the Canadian criminal justice system. This section lays out the procedure that must be followed in court when a defendant first appears for trial. The purpose of this section is to ensure that the defendant fully understands the charges against them and has an opportunity to either plead guilty or defend themselves in court. The first part of Section 801(1) requires that the substance of the information laid against the defendant be stated to them. This is crucial as it gives the defendant a clear understanding of the charges they are facing. This information must be stated in clear and simple language to ensure that the defendant fully understands. It is imperative that the defendant be fully informed of the charges against them in order to provide them with a fair trial. If a defendant is not aware of the charges against them, it would be difficult for them to adequately defend themselves. The second part of Section 801(1) requires that the defendant be asked whether they plead guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction. If a defendant pleads guilty, the court will proceed directly to sentencing. If a defendant pleads not guilty, the case will proceed to trial. This requirement ensures that the defendant has an opportunity to take responsibility for their actions. The third part of Section 801(1) requires the defendant to be asked whether they have cause to show why an order should not be made against them, in proceedings where a justice is authorized by law to make an order. This is relevant in cases where the defendant is not facing criminal charges but is subject to other proceedings, such as a restraining order or other court order. The defendant must have an opportunity to address the court and explain why the order should not be made against them. This requirement ensures that the defendant is given an opportunity to present their case and be heard. Overall, Section 801(1) is an important section of the Criminal Code of Canada as it sets out the basic procedural requirements for criminal trials. This section ensures that the defendant has an opportunity to fully understand the charges against them and either plead guilty or defend themselves in court. It also ensures that the defendant is given an opportunity to address the court in other proceedings where an order may be made against them. By adhering to the requirements of Section 801(1), the Canadian criminal justice system is able to provide a fair and just process for all defendants.
STRATEGY
Section 801(1) of the Criminal Code of Canada is a crucial stage in any criminal proceeding as it represents the first opportunity for the accused to enter a plea and start the formal process of the trial. As such, it is essential for defense counsel to strategize and prepare their client for this stage to ensure the best possible outcome for the case. Below are some strategic considerations and potential strategies that could be employed when dealing with Section 801(1). 1. Evaluate the Strength of the Case Before entering a plea, it is crucial to evaluate the strength of the case against the accused, including examining the evidence and witness statements. Based on this analysis, counsel can advise their client to make an informed decision on whether to plead guilty or not guilty. If the case against the accused is weak, the defense may consider negotiating a plea deal that could result in a less severe sentence. On the other hand, if the evidence is strong, and a conviction seems inevitable, the defense may consider entering a guilty plea in exchange for a reduced sentence or charge. 2. Communication with the Crown Counsel The defense can also communicate with the Crown Counsel and try to negotiate a plea deal before entering a plea. Such negotiations require skillful communication from the defense counsel, and it is essential to have a good working relationship with the Crown Counsel. Counsels also need to identify the strengths and weaknesses of the case, strategize the possible outcomes in advance to present the best option for a plea bargain. 3. Ensure Compliance with Procedural Requirements The Criminal Code of Canada has specific procedural requirements that must be adhered to, or the charges against the accused may be dismissed. Defense counsel should ensure that the procedure is followed correctly to avoid such mistakes. For example, if the accused is not presented with the substance of the information against them, it could be grounds for a dismissal of the charges should the defense move to do so. 4. Use Language the Accused Understands Section 801(1) requires that the information is presented in a language the accused understands, which may be problematic if the accused does not speak one of Canada's official languages. In such cases, an interpreter will need to be present. Defense counsel should be aware of this requirement and ensure their client understands their rights and the nature of the charges against them. 5. Prepare the Accused for Testimony The accused's testimony during a trial can significantly impact a judgment. Defense counsel must prepare their client to testify effectively on their behalf, especially if they plead not guilty. Counsel must assess the prosecution's case to identify weaknesses to challenge, area's of doubt to explore, and possible defenses. 6. Consider the Implications of the Plea Pleading guilty to a criminal offense can have significant consequences for an accused, including a criminal record, loss of employment, and other long-term effects. Defense counsel must ensure that their client understands the implications of a guilty plea and strategically weigh the potential losses against the potential gains of a plea bargain. In conclusion, the Criminal Code of Canada's Section 801(1) represents a vital stage in the criminal prosecution process, allowing the accused to enter a plea and formally begin the trial. Defense counsel must evaluate the strength of the case, communicate with the Crown Counsel, ensure compliance with procedural requirements, use language the accused understands, prepare the accused testimony, and consider the plea's implications. Employing these strategic considerations will increase an accused's chances for a more favorable outcome.