INTRODUCTION AND BRIEF DESCRIPTION
This section establishes the competence of superior and criminal courts to try accused individuals for indictable offences within their territorial jurisdiction or by order of transfer.
SECTION WORDING
470 Subject to this Act, every superior court of criminal jurisdiction and every court of criminal jurisdiction that has power to try an indictable offence is competent to try an accused for that offence (a) if the accused is found, is arrested or is in custody within the territorial jurisdiction of the court; or (b) if the accused has been ordered to be tried by (i) that court, or (ii) any other court, the jurisdiction of which has by lawful authority been transferred to that court.
EXPLANATION
Section 470 of the Criminal Code of Canada outlines the competency of courts to try an accused person for an indictable offense. This section mandates that any superior court of criminal jurisdiction or any other court that has the power to try an indictable offense is competent to try an accused person for that offense as long as two conditions are met. The first condition is that the accused person is either found, arrested or is in custody within the territorial jurisdiction of the court in question. The second condition is that the accused person has been ordered to be tried by the court in question, or any other court that has jurisdiction over the case has been authorized by lawful authority to transfer the case to the court in question. This section of the Criminal Code of Canada is a crucial legal provision that ensures all accused persons receive a fair and just trial for their offenses. The law provides a clear guideline for courts to follow regarding their jurisdiction and competency to handle criminal cases. This section of the law also gives individuals confidence in the legal system as it reduces the risk of cases being transferred to less competent courts, which could result in an unfair trial. Moreover, it ensures that the accused person is tried in a court that is close to them or where the alleged offense took place. In summary, section 470 of the Criminal Code of Canada is a vital legal provision that outlines the competency of courts to try accused persons for indictable offenses. It ensures that individuals receive a fair trial, and the proceedings are held in a court that is close to them or where the alleged offense took place.
COMMENTARY
Section 470 of the Criminal Code of Canada is an important piece of legislation that deals with the jurisdiction of courts in trying individuals accused of indictable offences. The section essentially allows any superior court of criminal jurisdiction or any court of criminal jurisdiction that has power to try an indictable offence to try an accused for that offence, provided that the accused is found, arrested, or in custody within the territorial jurisdiction of the court, or if the accused has been ordered to be tried by that court or any other court. This means that a person who is accused of committing an indictable offence can be tried in any court that meets the criteria established in section 470. The section recognizes that there may be different courts with different levels of jurisdiction, and that these courts may have the power to try different types of offences. By allowing any court with the power to try an indictable offence to do so, the section ensures that individuals are not able to evade justice by moving to a jurisdiction where the court does not have the power to try them. One of the key benefits of section 470 is that it helps to ensure that justice is served in a timely and efficient manner. If an accused is found, arrested, or in custody within the territorial jurisdiction of a court, that court is able to initiate proceedings against them without delay. Similarly, if an accused has been ordered to be tried by a court with the power to try an indictable offence, that court is able to proceed with the trial quickly and efficiently. At the same time, section 470 also recognizes the need for due process and the rights of the accused. The section makes it clear that a court must have jurisdiction over the accused before it can try them. This means that the accused must be found, arrested, or in custody within the territorial jurisdiction of the court. It also means that the accused must have been ordered to be tried by a court with the power to try an indictable offence. Overall, section 470 of the Criminal Code of Canada is an important piece of legislation that helps to ensure that justice is served in a timely and efficient manner. By allowing any court with the power to try an indictable offence to try an accused for that offence, the section prevents individuals from evading justice and helps to ensure that the accused rights are protected.
STRATEGY
Section 470 of the Criminal Code of Canada provides guidance on the court that has the power to try an accused for an indictable offence. It establishes the territorial jurisdiction and the competency of a court in trying an accused person for an offence, provided they are within the jurisdiction of that court. When dealing with this section of the code, there are several strategic considerations and strategies that need to be employed to ensure successful prosecution. One critical consideration is the location of the accused. If the accused is found or arrested within the territorial jurisdiction of a particular court, that court has the power to try them. In cases where the accused is not present within that jurisdiction, the prosecution must consider if it's possible to move the trial to a jurisdiction where the accused is present. This consideration can be based on the availability of evidence, the convenience of witnesses, the cost of moving the trial, and the likelihood of a conviction. It is generally easier to have a local trial where witnesses and evidence are located to avoid additional expenses associated with traveling and engaging new witnesses. Another strategy is to have the trial transferred to a court that has the competency to try the accused. This transfer can be authorized by any court with the power to try an indictable offence, subject to lawful authority. For example, if a case is too complex for a lower court to preside over, the case could be transferred to the superior court with jurisdiction. In cases where a provincial court has the competence to try an accused, but there is fear of bias, the case can be moved to the superior court, where there is an increased likelihood of receiving a fair trial. Another crucial consideration is the nature of the offence and its magnitude. For instance, if the case involves a severe offence such as murder, it is essential to consider the competence of the court and the expertise of the presiding judge in these matters. In such situations, it may be necessary to transfer the case to the superior court, where the court has the power to entertain all cases, including the most severe. This strategy increases the likelihood of receiving a fair trial that is free from bias and incompetence. Timing is another critical consideration that needs to be taken into account when dealing with Section 470 of the Criminal Code. In cases where the accused is in custody or has been arrested, the prosecution needs to ensure that charges are brought before the court within a reasonable time. Failure to do so may lead to the release of the accused, even if they committed a crime. In contrast, if the accused is not in custody, the prosecution may need to pursue extradition orders to bring the accused back to the jurisdiction in which the crime occurred. In conclusion, Section 470 of the Criminal Code of Canada provides clear guidelines on how to determine the court that has the power and competency to try an accused for an indictable offence. Several strategic considerations and strategies need to be employed to ensure a successful trial. However, the most critical factor is to ensure that the prosecution complies with the provisions of the Criminal Code and brings the accused before a competent court for a fair trial.