INTRODUCTION AND BRIEF DESCRIPTION
The definition of evidence or statement in this part includes any assertion of fact, opinion, belief, or knowledge, whether material or not and whether admissible or not.
SECTION WORDING
118 In this Part, "evidence" or "statement" means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not;
EXPLANATION
Section 118 of the Criminal Code of Canada is pivotal in defining the meaning and scope of evidence" or statement" in the criminal justice system. The section provides a broad definition of what can be considered as evidence or statement and includes assertions of fact, opinion, belief, or knowledge - regardless of their materiality or admissibility. This section is critical in criminal proceedings as it allows for a wide range of information to be presented as evidence, ensuring that any relevant information can be utilized in the pursuit of justice. The wording of the section is intentionally broad to ensure that all types of evidence are captured - whether tangible or intangible, scientific or circumstantial. By using this inclusive definition, the Criminal Code of Canada expands the scope of the admissible evidence and statements permitted in criminal trials. This includes not only direct evidence but also circumstantial evidence, character evidence, and hearsay evidence, among others. However, it is important to note that while the Code permits the admission of a broad range of evidence, the law also places limits on the types of evidence that can be used in court, including evidence that is unreliable, prejudicial, or obtained through illegal means. Overall, section 118 of the Criminal Code of Canada is designed to ensure that the legal system is fair and just. It ensures that all evidence can be presented and considered in criminal proceedings, and that the court can make a well-reasoned decision based on all the available facts. This helps to increase public confidence in the criminal justice system and ensure that justice is served.
COMMENTARY
Section 118 of the Criminal Code of Canada defines the terms evidence" and statement" for the purpose of Part V of the Code, which deals with judicial interim release or bail. This provision is important because it establishes the scope of the evidence that can be presented at a bail hearing, and the definition of what is considered evidence" or statement" is broad and inclusive. According to this provision, evidence or statement can take many forms, including assertions of fact, opinion, belief, or knowledge. This means that anything that a person says or writes, or that can be inferred from their behavior or actions, can potentially be used as evidence or statement at a bail hearing. Moreover, evidence or statement can be material or immaterial, admissible or inadmissible, which means that even hearsay or rumors can be considered by the court when deciding whether or not to grant bail. The broad definition of evidence or statement under Section 118 is consistent with the principles of fundamental justice and the presumption of innocence, which are the foundation of the Canadian criminal justice system. These principles require that the burden of proof rests on the prosecution, which means that the Crown must prove the guilt of the accused beyond a reasonable doubt. However, at the bail stage, the standard of proof is lower, and the court only needs to be satisfied that the accused will appear in court and not commit any other offense while on bail. Therefore, evidence or statement that would be inadmissible at trial can still be considered at the bail hearing because the purpose of the hearing is to determine whether bail should be granted, not to determine guilt or innocence. The broad definition of evidence or statement also reflects the reality that bail hearings are often conducted expeditiously and without formalities, and that the accused may not have access to legal representation or be fully aware of their rights. In such circumstances, the court may be more willing to consider informal or indirect evidence, such as statements made by police officers, witnesses, or the accused themselves, in order to make a quick and informed decision about whether or not to release the accused on bail. However, the broad definition of evidence or statement also raises concerns about the reliability and fairness of evidence that can be presented at a bail hearing. For example, hearsay or rumors may be based on speculation, prejudice, or malice, and may unfairly prejudice the accused. Similarly, statements made by the accused may not be fully voluntary or accurate if they feel pressured or intimidated by the police or if they are not fully informed of their rights. Additionally, evidence or statement that is not admissible at trial may violate the accused's right to a fair trial if it is used against them later. In conclusion, Section 118 of the Criminal Code of Canada defines the terms evidence" and statement" broadly and inclusively for the purpose of Part V of the Code, which deals with judicial interim release or bail. While this definition reflects the realities of bail hearings, it also raises concerns about the reliability and fairness of evidence that can be presented and underscores the importance of protecting the rights of the accused at all stages of the criminal justice process.
STRATEGY
Section 118 of the Criminal Code of Canada provides a broad definition of what constitutes evidence" or statement" in criminal proceedings. This section is central to the Canadian justice system since it lays out an applicable definition for statements made by witnesses, accused persons, victims, and other parties during investigations and trial proceedings. There are several strategic considerations that legal professionals should take into account when dealing with this section of the Criminal Code of Canada. Firstly, it is important to note that Section 118 of the Criminal Code of Canada provides a broad definition of evidence and statement. This means that anything that a witness or party says, whether it is material to the case or not, can be considered evidence. It is, therefore, necessary for legal professionals to assess the value and relevance of each piece of evidence before using it in a case. Secondly, since almost anything can be considered evidence, it is important for legal professionals to be aware of what can and cannot be admissible in court. These rules of admissibility vary depending on a number of factors, including the context in which the evidence was obtained and how it was obtained. As a result, it is essential to review the rules of admissibility before introducing evidence in court. Thirdly, given the definition provided in Section 118 of the Criminal Code of Canada, legal professionals must be cautious when leading witnesses. Witnesses may provide assertions of fact, opinions, beliefs, or knowledge that may not have been present during the event they testify about. As a result, it is necessary to conduct thorough pre-trial preparation and questioning to ensure that only relevant information is presented to the court. Fourthly, legal professionals must recognize that any statements made by parties before or during the trial are both admissible and potentially harmful to the case. This includes verbal statements, as well as written statements such as emails, text messages, and social media posts. Therefore, it is important to advise clients to be cautious about what they say and write during an investigation or trial process. Having discussed the strategic considerations of working with Section 118 of the Criminal Code of Canada, there are some strategies that can be employed to optimize the information that can be used in a case. First, legal professionals should ensure that witnesses provide a detailed account of the events and their knowledge during pre-trial proceedings. This approach will allow parties to assess the materiality of the information before trial. Secondly, legal professionals should be adept at questioning witnesses and parties in a way that ensures they provide only relevant evidence to the court. The use of leading questions can be useful in this regard, as it enables legal professionals to elicit only the necessary information. Thirdly, legal professionals can use the broad definition provided in Section 118 of the Criminal Code of Canada to their advantage. This can be done by presenting evidence that highlights the character and credibility of parties or witnesses. Evidence of this nature may not be material to the case but can be useful in assessing the reliability of testimony. In conclusion, Section 118 of the Criminal Code of Canada lays out a broad definition of evidence and statement, which legal professionals must navigate carefully during a trial process. Recognizing the strategic considerations and employing effective strategies can help to ensure legal professionals access the best information available to support their case.