Criminal Code of Canada - section 57(7) - Appearance of accused at trial

section 57(7)

INTRODUCTION AND BRIEF DESCRIPTION

This section clarifies that the requirements and exceptions regarding the accused appearing in court apply to all territorial divisions.

SECTION WORDING

57(7) For greater certainty, the provisions of this Act relating to (a) requirements that an accused appear at and be present during proceedings, and (b) the exceptions to those requirements, apply to proceedings commenced in any territorial division pursuant to subsection (6).

EXPLANATION

Section 57(7) of the Criminal Code of Canada clarifies that the provisions of the Act related to the attendance of the accused at court proceedings and the exceptions to this rule apply to all territorial divisions in the country. This section emphasizes the importance of the accused's presence during criminal proceedings and ensures that all proceedings are conducted fairly and effectively. The subsection (6) of Section 57 states that an accused can be tried in a territorial division where the offense occurred, or where the accused resides or was arrested. Therefore, Section 57(7) specifies that the provisions of the Act related to the attendance of the accused apply to all territorial divisions where the proceedings are commenced under the subsection (6). The attendance of the accused is crucial to ensure that the trial is conducted fairly and transparently. The presence of the accused allows the judge to assess their demeanor and credibility, ensuring that justice is served. Furthermore, the accused's absence may hinder the trial proceedings, causing delays and complications. However, there are exceptions to the general rule of the accused's attendance. These exceptions include situations where the accused is not required to appear in person, such as in cases where the accused is represented by legal counsel, or where the accused is charged with a summary conviction offense and consents to be tried without appearing. In conclusion, Section 57(7) of the Criminal Code of Canada clarifies the application of provisions related to the accused's attendance at court proceedings in all territorial divisions. This section is essential for ensuring that the judicial process is carried out fairly and justly, while also providing necessary exceptions for when the accused's presence may not be required.

COMMENTARY

Section 57(7) of the Criminal Code of Canada is an important provision that sets out the rules for when an accused person is required to appear in court and when they may be excused from attending. The provision is intended to ensure that accused persons are treated fairly and that their rights are protected, while also allowing the courts to operate efficiently and effectively. The provision states that the requirements and exceptions relating to an accused person's attendance in court apply to proceedings commenced in any territorial division. This means that the same rules apply regardless of where in Canada the trial is taking place. There are several reasons why an accused person may be required to appear in court. The most obvious reason is to stand trial and to hear the evidence against them. This is a fundamental aspect of the justice system, and it ensures that the accused person has a fair opportunity to defend themselves against the charges. However, there are also situations where an accused person may be excused from attending court. For example, if an accused person is too ill to attend court, they may be excused from doing so. Similarly, if an accused person lives a great distance from the courthouse, they may be able to appear by video or telephone instead of in person. The purpose of these exceptions is to balance the need for the accused person to attend court with their right to be treated fairly and to have their case heard in an efficient and effective manner. By allowing accused persons to attend court in ways that are less disruptive to their lives, the justice system can be more accessible and meaningful to everyone. Another key aspect of this provision is that it applies to all territorial divisions across Canada. This ensures that the same standards and rules apply regardless of where an accused person is facing charges. This is important because it helps to ensure consistency and fairness in the justice system, regardless of where a person lives. Overall, Section 57(7) is an important provision in the Criminal Code of Canada that sets out the rules for when an accused person is required to appear in court and when they may be excused from doing so. By ensuring that accused persons are treated fairly and that the justice system operates in an efficient and effective manner, this provision helps to uphold the integrity of the justice system and to protect the rights of all Canadians.

STRATEGY

Section 57(7) of the Criminal Code of Canada deals with the requirements and exceptions for an accused to appear at and be present during proceedings. This section has significant implications for criminal proceedings and requires strategic considerations when dealing with it. One of the key strategic considerations when dealing with Section 57(7) is to understand the requirements and exceptions outlined in the section. The section stipulates that an accused must appear at and be present during proceedings unless there is an exception, which includes situations such as illness, incarceration, or where the accused waives their right to be present. Another important strategic consideration is the potential impact of the accused's presence or absence on the outcome of the proceedings. The presence of the accused can have a significant impact on the jury, as they may perceive an absence as a sign of guilt. Therefore, it is essential to carefully consider whether the accused should be present during particular stages of the proceedings. One strategy that could be employed in dealing with Section 57(7) is to seek judicial authorization to proceed in the absence of the accused. This can be done in cases where the accused is unable or unwilling to attend the proceedings, and it is deemed necessary to proceed without them. Another strategy that could be employed is to ensure that the accused fully understands the implications of their absence during proceedings. This includes advising them of the potential consequences of being absent, such as the perception of guilt, and ensuring that they fully comprehend their rights to be present during proceedings. In conclusion, Section 57(7) of the Criminal Code of Canada requires careful consideration when dealing with criminal proceedings. Understanding the requirements and exceptions, assessing the potential impact of the accused's presence or absence, and employing strategies such as seeking judicial authorization or advising the accused can all play important roles in managing the complexities of this section.