INTRODUCTION AND BRIEF DESCRIPTION
If a summary conviction court proceeds according to paragraph (2)(a), no proceedings under section 145 can be instituted or continued without the Attorney Generals consent.
SECTION WORDING
803(3) If the summary conviction court proceeds in the manner described in paragraph (2)(a), no proceedings under section 145 arising out of the defendant’s failure to appear at the time and place appointed for the trial or for the resumption of the trial shall, without the consent of the Attorney General, be instituted or be proceeded with.
EXPLANATION
Section 803(3) of the Criminal Code of Canada prohibits the initiation or proceeding with Section 145 proceedings without the consent of the Attorney General if the summary conviction court follows the process described in paragraph (2)(a). The provision essentially limits the prosecution's ability to institute or pursue proceedings against individuals who fail to show up for their trial or resume it at the appointed time and place. Section 145 of the Criminal Code of Canada deals with the failure to appear in court or breach of undertaking. This provision authorizes courts to issue arrest warrants for individuals who fail to appear as directed or violate the terms of their undertaking. However, Section 803(3) curtails the Crown's power to initiate or continue proceedings under Section 145 if the summary conviction court proceeds in the manner described in paragraph (2)(a). Paragraph (2)(a) provides that the defendant must have been notified of the right to a trial, been given the option of choosing a date, and been informed of the consequences of failing to appear. The court must also have issued a summons informing the defendant of the charges, the process for selecting a trial date, and the potential penalty for failing to appear. The provision aims to ensure that individuals are not unfairly targeted or punished for failing to appear due to inadequate notice or information. The requirement of obtaining the Attorney General's consent ensures that there is sufficient evidence to proceed with Section 145 proceedings, and prevents unnecessary legal action. Overall, Section 803(3) provides a fair and transparent process for dealing with individuals who fail to appear in court.
COMMENTARY
Section 803(3) of the Criminal Code of Canada plays a crucial role in ensuring the efficient administration of justice by providing specific provisions for summary conviction proceedings. This section prohibits the initiation of further proceedings against the defendant if they have failed to appear at the time and place appointed for the trial without the consent of the Attorney General. The purpose of this provision is to prevent any possibility of abuse of the legal system by the defendant by not appearing for trial or resumption of trial and then coming back later to initiate another trial. Such abuse can cause a delay in the delivery of justice, result in unnecessary expenses and inconvenience for witnesses and the courts, and lower the public's confidence in the integrity of the justice system. This section, therefore, sets out a strict criterion for initiating further proceedings against the defendant to ensure that justice is delivered efficiently and effectively. Therefore, the summary conviction court cannot proceed with re-instituting proceedings against the defendant without the Attorney General's consent. This provision is of great significance, especially in the summary conviction proceedings. In summary conviction proceedings, the consequences of failure to appear can be severe, and the court will issue a warrant for the defendant's arrest. In such cases, the defendant may decide to reappear at a later date to initiate another trial, causing unnecessary delays and expenses to the courts and witnesses. However, section 803(3) creates a safeguard against the misuse of the legal system. It ensures that the defendant appears in court and does not use the legal process to delay or frustrate the trial. This provision also ensures that justice is delivered in a timely and cost-effective manner, which is essential for maintaining public trust in the justice system. It is also important to note that this provision does not prevent the defendant from instituting further proceedings without consent from the Attorney General if the failure to appear was a result of circumstances beyond their control. For instance, if the defendant was involved in an accident or suffered a medical emergency, the summary conviction court may initiate proceedings without the Attorney General's consent. In conclusion, section 803(3) of the Criminal Code of Canada is a crucial provision that ensures the efficient administration of justice in summary conviction proceedings. It provides a safeguard against the abuse of the legal system by defendants who fail to appear at the time and place allocated for a trial or resumption of a trial. By preventing such abuse, this provision ensures that justice is delivered in a timely and cost-effective manner, maintaining public trust in the justice system.
STRATEGY
Section 803(3) of the Criminal Code of Canada is an important provision that governs the scope of summary conviction courts and their ability to deal with cases where a defendant fails to appear at a scheduled trial or hearing. This provision essentially limits the power of a summary conviction court to proceed with certain proceedings if a defendant fails to appear, unless the Attorney General consents to the proceedings. For lawyers representing defendants in proceedings governed by section 803(3), there are several strategic considerations to keep in mind. One of the most important is the need to ensure that the defendant appears in court as required. This means that lawyers must communicate clearly and effectively with their clients, ensuring that they understand the importance of attending all hearings and trials as scheduled. Failure to do so can result in serious consequences, including the inability to proceed with certain proceedings without the Attorney General's consent. Another important strategic consideration is to consider the potential consequences of a defendant's failure to appear. If a defendant does fail to appear, the lawyer may need to seek the consent of the Attorney General in order to proceed with certain proceedings. This can be a complex and time-consuming process, and lawyers will need to carefully evaluate the potential benefits and risks of seeking such consent. In some cases, it may be strategically advantageous to seek the consent of the Attorney General, particularly if there are compelling reasons to move forward with the proceedings. In other cases, it may be more appropriate to explore other options, such as negotiating a plea agreement or seeking a continuance to allow the defendant to appear at a later date. Overall, lawyers representing clients in proceedings governed by section 803(3) of the Criminal Code of Canada must be aware of the complexities of this provision and the potential consequences of their clients' actions. By carefully evaluating their options and developing effective strategies, lawyers can help ensure the best possible outcomes for their clients in these cases.