INTRODUCTION AND BRIEF DESCRIPTION
Parties cannot force witnesses to attend, but can request the court or Review Board to do so.
SECTION WORDING
672.5(12) A party may not compel the attendance of witnesses, but may request the court or the chairperson of the Review Board to do so.
EXPLANATION
Section 672.5(12) of the Criminal Code of Canada pertains to witnesses attending the Review Board, which is responsible for assessing the mental condition of individuals who have been charged with criminal offenses. The section specifies that parties involved in the proceedings cannot force witnesses to attend the hearings. However, they can request the court or the chairperson of the Review Board to make an order for the attendance of witnesses. In other words, this section recognizes that compelling witnesses to attend Review Board hearings may not always be necessary or appropriate. Parties to the proceedings may wish to call upon witnesses to testify but cannot force them to attend against their will. Instead, parties may request that the court or chairperson of the Review Board issue a formal order for the witnesses to attend. This provision aims to balance the rights of individuals involved in the proceedings, including the accused, with the need for relevant witnesses to attend and provide necessary evidence. It also recognizes that calling upon witnesses to attend can be burdensome and disruptive to their regular lives and routines. Overall, Section 672.5(12) of the Criminal Code of Canada helps to ensure that proceedings before the Review Board are conducted fairly and efficiently, while also respecting the rights and needs of all parties involved.
COMMENTARY
Section 672.5(12) of the Criminal Code of Canada is an essential provision that clarifies the role of witnesses and parties in the review board hearings. This section outlines the limitations on parties to compel the attendance of witnesses and instead gives the option of requesting the court or the chairperson of the review board to do so. It is worth noting that the Witness issue in review board hearings is vital to ensuring a fair and just hearing, thereby underscoring the need for clarity on the matter. Before we examine the implications of this section, it is essential to understand what review boards are. Review boards are administrative bodies established by the government to oversee the management of individuals found guilty but mentally unfit to stand trial. The board is mandated with making decisions on a wide range of issues, including discharge, detention, and conditional release. The proceedings of the review board are governed by the criminal code of Canada, and all parties involved must comply with the provisions. One of the major impacts of section 672.5(12) is with regards to the right of parties to compel the attendance of witnesses. The set limit protects the witnesses' interests and ensures that they are not forced to appear before the panel against their will. This provision is essential because it guards against abuses of power and infringement of fundamental human rights. Attendances of witnesses, therefore, are voluntary, albeit the parties will have to request the court or the chairperson to strike a balance between the parties' interest and that of the witnesses. Another important implication of this section is that it emphasizes the role of the court or chairperson in summoning witnesses. This provision gives the court or the chairperson the power to determine whether the attendance of a witness is relevant and material. The relevance and materiality test is central to any hearing, and this provision underlines its importance. It is paramount that the witnesses' evidence is necessary and linked closely to the issues at hand. Thus, in determining whether to summon a witness, the court or chairperson must weigh the interests of the parties while at the same time safeguarding the rights of the witnesses. Moreover, the power of the court or the chairperson to summon witnesses ensures that the proceedings of the review board are conducted fairly and justly. Without this provision, parties could attempt to use their influence and resources to bully witnesses into attending. When witnesses appear before the board, it is vital that they can testify freely and without fear of retribution. The court or chairperson that determines whether witnesses will provide evidence serves as a critical safeguard against any form of coercion. In conclusion, it is evident that Section 672.5(12) of the Criminal Code of Canada is an essential provision for the review board hearings. It underscores the principle that witness attendance at the hearing is discretionary and rules out compelling witnesses without a satisfactory basis. The provision also underscores the courts' centrality and that of the chairperson to oversee the review board's proceedings, which must be characterized by fairness and justice. Ultimately, this provision serves as a crucial safeguard against potential abuses of power and human rights infringements, which could undermine the integrity of the review board hearings.
STRATEGY
Section 672.5(12) of the Criminal Code of Canada grants an accused party the right to request the court or the chairperson of the Review Board to summon witnesses in their defence. This provision has a significant impact on the process of a criminal trial, and strategic considerations when dealing with this section of the Criminal Code of Canada must be taken into account to ensure an effective defence. One of the primary strategic considerations when dealing with Section 672.5(12) is the timing of the request for summoning witnesses. In most cases, a defence lawyer will know in advance the witnesses they will need to present in their case, and it is essential to request adequate time for these witnesses to be summoned to the court. Therefore, it is important to consider the amount of time required to find and secure the testimony of each witness and then request the appropriate timelines accordingly. Another critical strategic consideration when dealing with Section 672.5(12) is the specific language used in the request for summons of witnesses. The prosecutor and the judge reviewing the request will scrutinize the request language, and it is important to ensure that the request for summons does not exceed what is allowed under the Criminal Code. Parties should be careful to request only the witnesses necessary, and to provide a reason as to why they are relevant to the defence of the accused. A third strategic consideration when dealing with Section 672.5(12) concerns the credibility of the witnesses. Defence lawyers must consider any potential weaknesses or contradictions in the testimony of each witness and be prepared to address these issues in court. Moreover, defence counsel must evaluate the credibility and reliability of the witnesses they want to present in their case before requesting the court or chairperson of the Review Board to summon them. A fourth strategic consideration is managing the relationships with the witness. It is vital that counsel maintains an amicable relationship with the witness they wish to summons. If the witness does not want to be involved in the trial, a court order may not compel them to attend court to provide testimony. Therefore, it is essential to keep a good relationship with each witness and to ensure they understand the importance of their testimony in the case. In terms of strategies that could be employed to navigate Section 672.5(12), several measures can be taken. First, defence lawyers may consider submitting a detailed list of requested witnesses to the prosecution and the court as early as possible. In this way, they allow the prosecution to assess the importance of each witness and prevent any objections regarding the witness's relevance or credibility later in the case. Second, defence counsel should also ensure that they have met with potential witnesses well in advance of the hearing to discuss their testimony. This would allow counsel to evaluate the best way to present the witness's testimony to the court and avoids any surprises during the trial. In conclusion, Section 672.5(12) of the Criminal Code of Canada has a considerable impact on the process of a criminal trial, and getting it right is critical to a successful defence. Strategic considerations like the timing of request, language of request, the credibility of witnesses, and relationship management with witnesses are essential to a smooth trial process. Moreover, strategies such as early submission of witness lists and preparatory discussions with witnesses help to ensure that the trial proceeds smoothly and that the defence's case is adequately presented.