INTRODUCTION AND BRIEF DESCRIPTION
A party cannot introduce a certificate as evidence unless they give the accused reasonable notice and a copy of the certificate before the trial.
SECTION WORDING
145(11) No certificate shall be received in evidence pursuant to subsection (9) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate.
EXPLANATION
Section 145(11) of the Criminal Code of Canada requires that no certificate can be used as evidence under subsection (9) unless the party intending to use it, such as a prosecutor, has provided the accused with reasonable notice of their intention to produce the certificate as well as a copy of the certificate itself. This subsection is included in the several provisions that relate to criminal proceedings against organizations. This section is intended to provide the accused with the necessary information to be able to challenge the evidence being used against them. As criminal proceedings can have serious consequences, it is crucial that accused parties are able to protect themselves against wrongful accusations or evidence that is not reliable. It is important to note that the purpose of the notice is not necessarily to allow the accused to challenge the admissibility of the certificate itself, but rather to allow them to prepare their case and arguments accordingly. This provision is just one example of how the Criminal Code seeks to ensure fairness and transparency in the criminal justice system. By providing the accused with access to evidence that will be used against them, they can better prepare their defense and ensure that they receive a fair trial. Overall, Section 145(11) of the Criminal Code highlights the importance of transparency in criminal proceedings and ensuring that all parties have access to the necessary information required to ensure justice prevails.
COMMENTARY
Section 145(11) of the Criminal Code of Canada establishes a procedural requirement for the admission of certificates in evidence, namely, that the party intending to produce such evidence must give reasonable notice of their intention to the accused and provide them with a copy of the certificate before trial. This provision safeguards the accused's right to a fair trial in criminal proceedings by ensuring that they are not taken by surprise by evidence that may be prejudicial to their case. Certificates are commonly used in criminal proceedings to establish certain facts or conditions, such as the existence of a court order, an arrest warrant, or a record of a conviction. They can provide a convenient and reliable way of proving such facts without the need for live testimony or cross-examination, but their admission in evidence raises several concerns. First, certificates are generally considered hearsay evidence, which means that they are statements made by someone other than the witness and are offered for the truth of their contents. Hearsay evidence is often excluded under Canadian law because it is inherently unreliable and unfair, as the accused cannot test the accuracy or credibility of the statement through cross-examination. However, there are several exceptions to the hearsay rule, one of which is provided in section 146 of the Criminal Code, which allows for the admission of certain certificates as evidence of the facts stated therein. Second, certificates may be subject to challenge on the basis of their authenticity, accuracy, or completeness. The accused may argue that the certificate is false, forged, or inaccurate, or that it does not provide a complete or fair picture of the facts. These challenges may be difficult to mount if the accused is not aware of the certificate's existence or contents until the trial, which could give an unfair advantage to the prosecution. By requiring pre-trial notice of the intention to produce a certificate and providing a copy of it to the accused, section 145(11) addresses these concerns and ensures that the accused has a fair opportunity to contest the admissibility and reliability of the evidence. The notice requirement gives the accused time to prepare their case and to challenge the certificate if necessary. It also promotes transparency and fairness in the administration of justice by preventing surprise or ambush tactics by the prosecution. However, the requirement of reasonable notice is not well-defined and may vary depending on the circumstances of each case. What may be reasonable in one case may not be reasonable in another, and the court must take into account the complexity of the case, the nature of the certificate, and the time and resources available to the accused to respond to the evidence. In some cases, the notice requirement may need to be relaxed or waived altogether if there is a compelling reason to do so, such as a sudden discovery of new evidence or a change in the circumstances of the case. In conclusion, section 145(11) of the Criminal Code of Canada is a crucial safeguard of the accused's right to a fair trial by ensuring that certificates are not admitted in evidence without giving the accused reasonable notice of their intention and a copy of the certificate. This provision promotes transparency, fairness, and the rule of law in criminal proceedings, and it should be interpreted and applied in a manner that reflects these values.
STRATEGY
Section 145(11) of the Criminal Code of Canada provides strict guidelines for the admissibility of a certificate under subsection (9) in court. A certificate is essentially a document that certifies or proves a fact, and is often used in cases related to impaired driving or drug offenses. This provision requires that the party intending to produce it gives reasonable notice of their intention to the accused and provide a copy of the certificate before the trial. As a defense lawyer, it is important to carefully consider this section and its implications when preparing for a trial. Failure to comply with this provision could lead to the exclusion of the certificate as evidence, which could potentially weaken the prosecution's case. Therefore, it is imperative to employ a strategic approach to ensure that the provisions of Section 145(11) are met. One strategy that could be employed is to request disclosure of the certificate and any related documents as early as possible. This will allow you to assess the nature of the evidence and determine if it falls within the ambit of Section 145. Once you have obtained the certificate, thoroughly review it to determine if there are any potential issues that could be raised to challenge its admissibility. If you believe that the certificate does not meet the requirements of Section 145, you can challenge its admissibility through a voir dire (a hearing to determine the admissibility of the evidence) before the trial begins. This would give you an opportunity to argue that the prosecution has failed to comply with the notice requirements set out in Section 145(11), and any other grounds for exclusion. Another strategy to consider is to negotiate with the prosecution to either exclude the certificate as evidence or reach a plea bargain. If the evidence is weak, the prosecution may be willing to agree to a plea bargain. This could potentially save time and resources, as well as allow the accused to avoid a potentially damaging trial. It is also important to note that if the prosecution fails to comply with the notice requirements of Section 145(11), the accused may be entitled to an adjournment of the trial. This could provide an opportunity to obtain additional evidence or prepare a stronger defense. In summary, Section 145(11) of the Criminal Code of Canada is a crucial provision that requires strict compliance in order to ensure the admissibility of certain types of evidence. It is important to carefully review the certificate and any related documents, and consider all available strategies when dealing with this provision. Employing a strategic approach can potentially lead to a better outcome for the accused.