Criminal Code of Canada - section 806(3) - Admissibility of certified copy

section 806(3)

INTRODUCTION AND BRIEF DESCRIPTION

A certified copy of a warrant of committal issued by a court clerk is admissible as evidence in any proceeding.

SECTION WORDING

806(3) Where a warrant of committal in Form 21 is issued by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

EXPLANATION

Section 806(3) of the Criminal Code of Canada is one of the provisions that deals with the issue of committal warrants. When an accused person is arrested and charged with a criminal offence, they may be held in custody until their trial or until they are granted bail. If the accused person is denied bail, they may be detained in a correctional facility until their trial. In such cases, a warrant of committal is issued by a clerk of the court to authorize their detention. This section specifies that when a warrant of committal in Form 21 is issued by a clerk of the court, a certified copy of the warrant is admissible as evidence in any proceeding related to the case. This means that if the warrant is challenged or questioned in court, the certified copy can be presented as proof of its validity. It also means that if the accused person seeks release from custody or appeals the decision to deny them bail, the certified copy of the warrant can be used as evidence of the reason for their detention. This provision is important for ensuring that the legal process is transparent and accountable. By allowing certified copies of warrants to be admissible as evidence, it allows both the prosecution and the defence to have access to the same information and to challenge the legality of the warrant if necessary. It also provides an additional layer of protection for the rights of the accused, as it ensures that their detention is authorized by a valid warrant and not based on arbitrary or unlawful grounds.

COMMENTARY

Section 806(3) of the Criminal Code of Canada deals with the admissibility of a certified copy of a warrant of committal in any proceeding. This provision is important as it allows for the use of alternative forms of evidence in a judicial proceeding. A warrant of committal is a document issued by a court authorizing the detention of an accused person. The warrant serves as the legal basis for keeping a person in custody, either before trial or after a conviction. It is an important instrument in the administration of justice as it ensures that accused persons who pose a flight risk or a threat to the public are held in custody pending the determination of their case. Section 806(3) sets out a specific rule concerning the admissibility of certified copies of a warrant of committal. The provision allows for the use of a certified copy of a warrant of committal in any proceeding, which may be beneficial in various circumstances. Firstly, a certified copy of a warrant of committal may be admissible in evidence where the original document is unavailable or lost, or where producing the original warrant may be burdensome or inconvenient. This provision may help streamline judicial proceedings as it allows the use of a certified copy of the document, which is much easier to obtain. Secondly, this provision may be useful in cases where the original warrant is in a language other than English or French. The certified copy may be produced in the language of the proceeding, with a certified translation if necessary, and admitted as evidence. This provision may help ensure that the administration of justice is not impeded by language barriers. However, it is important to note that the use of a certified copy of a warrant of committal is not a substitute for the original document. The provision only allows for the use of a certified copy in certain circumstances, and the court may require the production of the original document if it deems it necessary. Section 806(3) of the Criminal Code of Canada underscores the importance of the warrant of committal in the administration of justice. The provision recognizes the practicalities of producing the original document and allows for alternative evidence to be used in certain circumstances, thus ensuring that justice is served efficiently and effectively.

STRATEGY

Section 806(3) of the Criminal Code of Canada has important implications for both prosecutors and defense lawyers when dealing with criminal proceedings. This provision allows for the admissibility of a certified copy of a warrant of committal in Form 21, which is typically issued by a court clerk after an accused person has been found guilty and sentenced to imprisonment. In this essay, we will examine some of the strategic considerations and possible strategies that lawyers may employ when dealing with this provision. One strategic consideration for prosecutors is to ensure that the content of the warrant of committal accurately reflects the sentence imposed by the judge. This is important because a certified copy of the warrant of committal may be introduced as evidence in subsequent proceedings, such as a parole hearing or an appeal. If there are any errors or omissions in the warrant, it can undermine the credibility of the prosecution's case. Therefore, prosecutors should carefully review the warrant of committal to ensure that it is accurate and complete. Another strategic consideration for prosecutors is the timing of when to introduce the certified copy of the warrant of committal as evidence. In some cases, it may be advantageous to introduce the warrant of committal early in the proceedings, such as during a bail hearing, to demonstrate the seriousness of the offense and the strength of the evidence against the accused. Alternatively, prosecutors may wait until later in the proceedings, such as during the sentencing phase, to introduce the warrant of committal to highlight the need for a severe sentence. For defense lawyers, one strategy to consider is challenging the admissibility of the certified copy of the warrant of committal. This may be done by arguing that the warrant of committal was not properly certified or that the form used was not in compliance with legislative requirements. If successful, this may prevent the prosecution from using the warrant of committal as evidence, which can weaken their case. Another possible defense strategy is to attack the accuracy of the information contained within the warrant of committal. If there are errors or omissions in the warrant, defense lawyers may argue that it is not a reliable source of evidence and should not be admitted. For example, if the warrant incorrectly states the length of the sentence imposed by the judge, defense counsel may argue that it is not a valid representation of the judge's decision. In conclusion, Section 806(3) of the Criminal Code of Canada has significant strategic implications for criminal proceedings. Prosecutors must ensure that the content of the warrant of committal is accurate and complete, and must carefully consider the timing of introducing it as evidence. Defense lawyers may seek to challenge the admissibility or accuracy of the warrant to undermine the prosecution's case. Ultimately, the application of this section requires careful consideration of the facts and circumstances of each individual case.