INTRODUCTION AND BRIEF DESCRIPTION
Section 278.3(3) requires a written application identifying a specific record and the reason it is relevant to trial or witness competence.
SECTION WORDING
278.3(3) An application must be made in writing and set out (a) particulars identifying the record that the accused seeks to have produced and the name of the person who has possession or control of the record; and (b) the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify.
EXPLANATION
Section 278.3(3) of the Criminal Code of Canada outlines the requirements for an accused to make an application for the production of a record in their possession, or the possession of another person that may establish their innocence or otherwise affect the trial process. Specifically, the application must be made in writing and must provide specific details about the record in question, including its identifying particulars and the name of the person who has possession or control over it. Additionally, the accused must provide grounds for the request, which establish that the record is likely to be relevant to an issue at trial or to the competence of a witness to testify. This means that the accused must demonstrate that the record has some probative value, that it will aide in their defense, or that it will discredit the witness's testimony. The purpose of this section is to protect the accused's right to a fair trial. The production of relevant records is an important aspect of the trial process, and it serves to ensure that the trial proceeds based on all available evidence. By requiring an application for the production of a record to meet specific criteria, the section ensures that only relevant and necessary records are produced. Overall, section 278.3(3) is an important element of the Criminal Code of Canada, as it enables an accused to access relevant evidence that may establish their innocence and ensures that the trial proceeds fairly and transparently.
COMMENTARY
Section 278.3(3) of the Criminal Code of Canada outlines the requirement for an accused person to make a written application to produce a record that they believe might be relevant to an issue at trial or to the competence of a witness to testify. The section lays out the two key particulars that must be included in the application: (a) identifying the record being sought and the person who has possession or control over it, and (b) the grounds on which the accused relies to establish its relevance. This provision is significant because it concerns a critical aspect of the criminal trial process, namely the production of evidence. The rules of evidence are crucial to ensuring a fair trial for all parties. As such, the Criminal Code sets out a clear framework for the production of documents and information that could support an accused person's case. One key element of Section 278.3(3) is that it requires the accused to provide specific details about the record being sought and why it is relevant. This ensures that the request is not simply a fishing expedition for information that the accused hopes might be useful, but rather is based on a reasonable belief that the record is likely to be relevant to an issue at trial or to the competence of a witness. This helps to prevent abuse of the system and ensures that only legitimate requests are considered. Another important aspect of this provision is that it places the burden on the accused to show why the record is relevant. This ensures that they have some basis for their request, rather than simply making a speculative demand for documents or information. This is an important safeguard against frivolous and time-wasting applications that could unnecessarily delay the trial. It is worth noting that Section 278.3(3) only applies to the production of records during the pre-trial stage. Once the trial has begun, the rules for evidence are more stringent, and any records or information sought by the accused must generally be disclosed in accordance with the Crown's disclosure obligations. Overall, Section 278.3(3) is an important provision that helps to ensure fairness and transparency in the criminal justice system. It places clear requirements on the accused to provide specific information about why certain records are relevant, and helps to prevent frivolous and unnecessary demands for information. Ultimately, this provision helps to ensure that the trial process is fair, balanced, and respects the rights of all parties involved.
STRATEGY
Section 278.3(3) of the Criminal Code of Canada lays out the requirements for an accused person to apply for the production of a record that is relevant to their case. The provision sets out specific requirements that must be met before the court will order the production of the record. In this essay, we will examine some strategic considerations when dealing with this section of the Criminal Code of Canada and explore some strategies that could be employed. One key consideration when dealing with this section of the Criminal Code is the need to identify the specific record that is sought and the person who has possession or control of the record. This may require careful investigation and research on the part of the accused or their legal team. It may also require the use of discovery tools such as subpoenas or requests for production of documents. Another important consideration is the need to establish the grounds on which the accused is relying to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify. This may require the preparation of detailed legal arguments and the gathering of evidence to support those arguments. The accused may need to rely on expert evidence or testimony to establish the relevance of the record to their case. The accused will also need to be prepared to respond to arguments from the Crown or other parties that the record is not relevant or that its production would be prejudicial. A key strategy when dealing with section 278.3(3) is to be prepared and organized. The accused must be diligent in gathering evidence and preparing legal arguments to support their application. They must also be prepared to respond to arguments from the Crown or other parties, and to be flexible in their approach as the case develops. Another strategy is to engage the services of an experienced lawyer who has expertise in criminal law and the production of records. A skilled legal team can help the accused to navigate the complex legal requirements and procedures involved in making an application under section 278.3(3). They can also provide valuable advice and support throughout the process, and help the accused to make strategic decisions about how best to proceed. Ultimately, the success of an application under section 278.3(3) will depend on a variety of factors, including the strength of the legal arguments, the relevance of the record to the case, and the credibility of the accused and their legal team. By carefully considering these issues and employing strategic approaches, the accused can improve their chances of success and ensure that they receive a fair hearing in court.