Criminal Code of Canada - section 260(5) - Certificate admissible in evidence

section 260(5)

INTRODUCTION AND BRIEF DESCRIPTION

Certificates signed by authorized officials stating a person is disqualified from driving a vehicle, operating a vessel, or aircraft are valid evidence without requiring proof of the signature or official character of the person who signed it.

SECTION WORDING

260(5) In proceedings under section 259, a certificate setting out with reasonable particularity that a person is disqualified from (a) driving a motor vehicle in a province, purporting to be signed by the registrar of motor vehicles for that province, or (b) operating a vessel or aircraft, purporting to be signed by the Minister of Transport or any person authorized by the Minister of Transport for that purpose is evidence of the facts alleged therein without proof of the signature or official character of the person by whom it purports to be signed.

EXPLANATION

Section 260(5) of the Criminal Code of Canada lays down the legal provision governing the use of a certificate in proceedings under section 259 of the code. Section 259 of the code deals with offences related to driving, operating, or being in care or control of a motor vehicle, vessel, or aircraft while impaired or with a blood alcohol concentration above the legal limit. The certificate referred to in section 260(5) is a document that certifies that a person is disqualified from operating a motor vehicle, vessel, or aircraft due to their impaired driving-related offence. The certificate needs to be signed by the registrar of motor vehicles of the province concerned in the case of driving a motor vehicle or by the Minister of Transport or any person authorized by the minister in the case of operating a vessel or aircraft. According to this provision, a certificate that meets the above criteria and purports to be signed by the relevant official is considered evidence of the facts stated in the document without requiring any further proof or corroboration of the signature or official status of the signatory. In practical terms, this provision means that the accused's defence team cannot challenge the validity of the certificate or call for testimony from the issuing official to confirm the document's authenticity and veracity. This provision ensures that the prosecution can establish an accused's guilt or culpability swiftly without the need for lengthy and costly procedures to authenticate evidence.

COMMENTARY

Section 260(5) of the Criminal Code of Canada is a provision that establishes evidence for disqualification from driving a motor vehicle or operating a vessel or aircraft. The section provides that a certificate signed by the Registrar of Motor Vehicles for the province or the Minister of Transport or any person authorized by the Minister of Transport for that purpose is evidence of the disqualification without proof of the signature or official character of the person who issued the certificate. The purpose of this section is to streamline the process of proving disqualification from driving or operating a vehicle or aircraft in proceedings under section 259 of the Criminal Code of Canada. Section 259 deals with dangerous operation of a motor vehicle, vessel or aircraft, and a key element of the offense is that the person operating the vehicle must be disqualified from doing so under any law in force in Canada. Therefore, evidence of disqualification is essential in proving the offense. The use of a certificate issued by the appropriate authority, without requiring further proof of the signature or official character of the issuer, can save time and effort in court proceedings. It is also an acknowledgement of the reliability and authenticity of the certificates issued by the respective authorities. However, the provision also brings up some concerns regarding the possibility of false certificates being submitted as evidence. While the section does not require proof of the signature or official character of the person who issued the certificate, it does require that the certificate sets out the disqualification with reasonable particularity. This means that the certificate must be specific about the type of disqualification and the duration of the disqualification. It is also important to note that the certificate is not conclusive evidence of the disqualification. The accused may challenge the validity of the certificate or present evidence that they were not disqualified at the time of the offense. Therefore, the provision has built-in safeguards to ensure that the accused's rights to a fair trial are protected. In conclusion, Section 260(5) of the Criminal Code of Canada is a provision that provides evidence of disqualification from driving a motor vehicle or operating a vessel or aircraft in proceedings under section 259. While it can save time and effort in court proceedings, it is not a conclusive evidence of disqualification and has built-in safeguards to protect the accused's rights.

STRATEGY

Section 260(5) of the Criminal Code of Canada is a provision that allows for the use of a certificate as evidence of a person's disqualification from driving a motor vehicle in a province or operating a vessel or aircraft. This provision can be an important tool in prosecuting cases where a person is alleged to have violated a driving prohibition or operating ban. However, there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code. One of the key strategic considerations is the reliability of the certificate. The certificate must be signed by the registrar of motor vehicles or the Minister of Transport, or a person authorized by the Minister of Transport for that purpose. It must also set out the disqualification with reasonable particularity. If the certificate is not properly signed or lacks sufficient detail, it may be challenged by the defence as unreliable or inaccurate. Another important consideration is the timing of the certificate. In order for the certificate to be admissible as evidence, it must be produced in the course of the proceedings under section 259 of the Criminal Code. This means that the certificate must be obtained and presented to the court at the appropriate time. Failure to do so may result in the certificate being excluded as evidence. A third consideration is the potential for challenges to the certificate. The defence may challenge the certificate on a variety of grounds, including the signature and official character of the person who signed it, the accuracy of the information contained in it, or the validity of the disqualification itself. The prosecutor must be prepared to address these challenges and provide evidence to support the reliability and accuracy of the certificate. In light of these considerations, there are several strategies that can be employed when dealing with section 260(5) of the Criminal Code. These strategies may include: - Obtaining the certificate as early in the proceedings as possible to ensure that it is admissible as evidence. - Ensuring that the certificate is properly signed and contains sufficient detail to avoid challenges to its reliability. - Preparing to address potential challenges to the certificate by gathering additional evidence to support its accuracy and validity. - Considering the use of expert witnesses to testify about the significance of the disqualification and the reliability of the certificate. - Negotiating a plea agreement or other resolution of the case based on the evidence presented, including the certificate. Ultimately, the strategic considerations when dealing with section 260(5) of the Criminal Code will depend on the specific circumstances of the case. A careful analysis of the evidence and potential challenges will be necessary to develop an effective strategy for prosecution or defence.