Criminal Code of Canada - section 802.1 - Limitation on the use of agents

section 802.1

INTRODUCTION AND BRIEF DESCRIPTION

Defendants facing imprisonment for more than six months cannot be represented by an agent unless authorized by the province or if the defendant is a corporation.

SECTION WORDING

802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless the defendant is a corporation or the agent is authorized to do so under a program approved by the lieutenant governor in council of the province.

EXPLANATION

Section 802.1 of the Criminal Code of Canada sets out the circumstances under which a defendant may use an agent to appear or examine or cross-examine witnesses in court. Essentially, this section places a restriction on the use of agents by defendants who are liable to imprisonment for more than six months on summary conviction. This provision is intended to ensure that defendants who could be facing a more serious punishment have direct access to the court process, rather than relying on an agent to represent them. This ensures that defendants who might face a longer term of imprisonment have an opportunity to defend themselves in court and present their case directly to the judge or jury. There are, however, some exceptions to this rule. Corporations may use authorized agents to appear in court for them, regardless of the potential penalty. In addition, the lieutenant governor in council of each province can approve programs that authorize agents to represent defendants who would otherwise be barred from using them. Overall, Section 802.1 is an important provision in the Criminal Code of Canada because it helps to ensure that defendants who may be facing significant punishment have adequate access to the court process. By limiting the use of agents in these cases, the law aims to promote fairness and accountability in the justice system.

COMMENTARY

Section 686(7) of the Criminal Code of Canada provides an important avenue of appeal for individuals who have been found unfit to stand trial. The section allows for a court of appeal to set aside a verdict of unfitness if it is of the opinion that the accused should have been acquitted at the close of the case for the prosecution. This provision recognizes that an individual who is not fit to stand trial may still be innocent of the charges against them and should not be punished for an offence they did not commit. Unfitness to stand trial, also known as mental incapacity, is a legal term used to describe a situation in which an accused person is unable to understand the nature and purpose of the legal proceedings against them, or to communicate effectively with their legal counsel. The determination of unfitness is made by a judge, usually after a psychiatric examination of the accused person. If the judge finds the accused to be unfit, the trial is halted and the accused is referred for medical treatment in an attempt to restore their capacity to stand trial. Section 686(7) applies specifically to situations where the verdict of unfitness was returned after the close of the case for the prosecution. This means that the evidence presented by the prosecution was not sufficient to establish the accused person's guilt beyond a reasonable doubt, even in the absence of a defence. In such cases, it is reasonable to conclude that the accused should be acquitted, even if they are found to be unfit to stand trial. The provision allows for a review of the trial proceedings as a whole, rather than simply the question of fitness. This means that the court of appeal can consider the evidence presented by both the prosecution and the defence, as well as any procedural issues or errors that may have occurred during the trial. If the court of appeal finds that the evidence was insufficient to support a conviction, it can order that a verdict of acquittal be entered, even if the accused is found to be unfit. This provision is important because it recognizes that individuals who are unfit to stand trial are still entitled to the presumption of innocence and to a fair trial. It also ensures that justice is not denied simply because an accused person is unable to participate fully in the legal process. By allowing for a review of the entire trial proceedings, rather than simply the question of fitness, section 686(7) helps to ensure that the correct result is reached in cases where an accused person is found to be unfit to stand trial. In conclusion, section 686(7) of the Criminal Code of Canada provides an important safeguard for individuals who have been found unfit to stand trial. It ensures that justice is done by allowing for a review of the entire trial proceedings, rather than simply the question of fitness. This provision recognizes that individuals who are unfit to stand trial are still entitled to the presumption of innocence and to a fair trial, and helps to ensure that the correct result is reached in cases where an accused person is found to be unfit.

STRATEGY

Section 802.1 of the Criminal Code of Canada is an important provision that governs the circumstances under which a defendant may appear or examine or cross-examine witnesses by agent. The provision restricts the use of agents for defendants who are liable, on summary conviction, to imprisonment for a term of more than six months. This provision has significant implications for defense attorneys who are representing clients who face serious criminal charges. One of the most important strategic considerations when dealing with this provision is how to ensure that the defendant has effective representation in court. Given that the defendant cannot appear or examine or cross-examine witnesses by agent if they are liable to imprisonment for more than six months, the defendant's attorney must be strategic in crafting a defense. The attorney must argue for a sentence of six months or less, or they must convince the judge to authorize an agent under an approved program. To limit the defendant's exposure to imprisonment, the defense attorney must carefully evaluate the evidence and explore all possible defenses. They must also plan their cross-examination of the prosecution's witnesses strategically to ensure that they can challenge the prosecution's case effectively. Another important strategy to consider is seeking a plea bargain with the prosecution. By agreeing to plead guilty to a lesser offense, the defendant may be able to avoid a sentence of more than six months. The defense attorney must be skillful in negotiating with the prosecution to achieve the best possible outcome for their client. If the defense attorney cannot secure a sentence of six months or less or authorization under an approved program, they may consider seeking a trial by judge or jury. This strategy is riskier but can be advantageous in certain circumstances. A trial by judge or jury may allow the defense to present their case more effectively and challenge the prosecution's evidence more comprehensively. In conclusion, Section 802.1 of the Criminal Code of Canada has significant implications for defense attorneys and their clients facing criminal charges. To develop an effective defense strategy and ensure their client's rights are protected, defense attorneys must evaluate all possible defenses, negotiate with the prosecution, and carefully plan their cross-examinations. Ultimately, the goal is to secure the best possible outcome for their client.