INTRODUCTION AND BRIEF DESCRIPTION
The judge can order the application to be served to anyone relevant to the case.
SECTION WORDING
278.3(6) The judge may at any time order that the application be served on any person to whom the judge considers the record may relate.
EXPLANATION
Section 278.3(6) of the Criminal Code of Canada is a provision that allows judges to order that relevant parties be served with copies of an application for a restraining order in cases of domestic violence. Essentially, this provision enables a judge to decide who should be notified about the existence of the application, and to what extent they should be involved in the proceedings. The context of this legislation is the prevention of violence against women, and the protection of those who may be at risk of domestic violence. This includes not only women, but also children and other vulnerable individuals who may be affected by acts of violence within a domestic setting. By authorizing judges to order the service of applications on relevant parties, the provision helps to ensure that all stakeholders are aware of the situation and have an opportunity to participate in any legal proceedings that may arise as a result. This may include family members, neighbours, healthcare professionals, or other community members who may be aware of the violence or who may have information that is relevant to the court's decision-making process. Overall, the purpose of section 278.3(6) is to ensure that the legal system is able to respond effectively to allegations of domestic violence, and to provide necessary protection and support to those who may be at risk. It forms a key component of Canadian criminal law and is an important tool in the fight against domestic violence.
COMMENTARY
Section 278.3(6) of the Criminal Code of Canada is a provision that empowers a judge to order a person or group of people to be served with an application filed under the section. The provision is part of the legislation that deals with applications for a restraining order or a peace bond in cases where a person is believed to be at risk of being victimized by a spouse or former intimate partner. The primary purpose of section 278.3(6) is to ensure that all people who may have relevant information about a case are aware of the proceeding and have an opportunity to provide their input to the judge. The provision is also designed to prevent a situation where an individual who may be involved in the case is surprised by an order or ruling made by the court without knowing the full details of the evidence presented against them. The scope of the provision is broad, and the judge can order that the application be served on any person who may have a connection to the case. This includes current or former spouses, family members, friends, co-workers, and others who may be affected by the order. The decision to order service on a particular person is discretionary, and the judge must consider whether the record may relate to that individual. The provision is essential for ensuring that all parties have a fair hearing, and the judge can make a decision based on all the available evidence. It can also be an important tool for preventing domestic violence and protecting victims. By serving the application on all relevant parties, the court can obtain a more complete picture of the situation and determine whether a restraining order or peace bond is necessary to protect the safety of the victim. However, section 278.3(6) can also raise issues of privacy and confidentiality. In some cases, serving an application on a person who is not directly involved in the case can lead to unintended consequences, such as the disclosure of sensitive information. The provision must be administered carefully to ensure that the rights of all parties are protected, and any potential privacy breaches are minimized. In conclusion, section 278.3(6) is a crucial provision in ensuring a fair and just hearing in matters of domestic violence. It gives the court the power to serve an application on any person who may be affected by the case and, in doing so, can help to prevent violence and protect victims. However, it must be applied with care to avoid any unintended breaches of privacy or confidentiality.
STRATEGY
Section 278.3(6) of the Criminal Code of Canada provides a judge with the discretion to direct service of an application on any individual to whom the record may relate. This provision is a tool that can be used by parties to a proceeding in order to obtain additional evidence, identify potential witnesses, or to explore alternative theories of the case. As such, it is important for parties to strategically consider how they can best utilize this provision in their legal proceedings. One strategy that can be employed when dealing with this provision is to identify potential witnesses who may have relevant information related to the proceeding. By utilizing this provision, a party can potentially gain access to these individuals and their testimony, which may provide additional evidence in support of their case. Another strategy that can be employed is to identify potential defendants who may be implicated by the evidence or testimony presented in the proceeding. By utilizing this provision, a party can potentially bring these individuals into the litigation, which may result in a more comprehensive resolution of the issues in dispute. In addition to these strategies, parties may also consider using this provision to explore alternative theories of the case or to obtain additional evidence that may be helpful in rebutting the opposing party's case. For example, a party may use this provision to obtain information that supports a defence based on mistaken identity or to obtain evidence that may undermine the credibility of the opposing party's witnesses. While the use of this provision can be beneficial in certain circumstances, parties must also be mindful of the potential risks and limitations associated with it. For example, the individual to whom the application is served may refuse to provide evidence or may provide evidence that is unfavorable to the party who initiated the application. Additionally, the party may be required to bear the cost associated with obtaining the evidence, which can be significant depending on the scope of the inquiry. In light of these considerations, parties should carefully evaluate whether the benefits of utilizing this provision outweigh the potential risks and limitations. If the decision is made to proceed with utilizing this provision, parties should take steps to ensure that they are able to effectively utilize the information obtained in the proceeding, such as by ensuring that evidence is admissible and relevant. Overall, Section 278.3(6) of the Criminal Code of Canada provides parties with a valuable tool for obtaining additional evidence and identifying potential witnesses or defendants. By carefully evaluating the benefits, risks, and limitations associated with utilizing this provision, parties can make informed decisions about how best to proceed in their legal proceedings.