INTRODUCTION AND BRIEF DESCRIPTION
This section preserves the powers and practices of courts and judges with respect to trials by jury that existed before April 1, 1955, unless they are inconsistent with the Criminal Code.
SECTION WORDING
672 Nothing in this Act alters, abridges or affects any power or authority that a court or judge had immediately before April 1, 1955, or any practice or form that existed immediately before April 1, 1955, with respect to trials by jury, jury process, juries or jurors, except where the power or authority, practice or form is expressly altered by or is inconsistent with this Act.
EXPLANATION
Section 672 of the Canadian Criminal Code is an important provision that preserves the powers, practices, and forms that were in place before April 1, 1955, with respect to certain aspects of the criminal justice system. Specifically, this section relates to the trial by jury, jury process, juries, and jurors. The provision states that nothing in the Criminal Code will change or limit the power or authority of a court or judge that existed before April 1, 1955. This means that courts can continue to use the same procedures, rules, and practices that were in place before this date. For example, if a court had the power to excuse jurors for certain reasons prior to 1955, this power still exists in the current law. Moreover, the section also protects the forms and practices related to the jury trial process. It ensures that the same process used before the specified date can still be utilized, except in cases when it is expressly altered or changed by the current law. This way, continuity and consistency are preserved, and the judicial system maintains a level of stability. In summary, Section 672 of the Criminal Code of Canada serves to protect the powers, practices, and forms related to jury trials, ensuring that the legal system operates with consistency over time. By doing so, it helps to maintain public trust and confidence in the justice system, which is critical for a functioning democracy.
COMMENTARY
Section 672 of the Criminal Code of Canada is an essential part of Canadian criminal law, as it aims to protect the power and authority of courts and judges concerning jury trials. According to this section, no changes or modifications can be made that could affect the power, authority, practice, or form of jury trials, except where the power or authority, practice or form is explicitly altered by or is inconsistent with the Criminal Code of Canada. This section is primarily aimed at maintaining the fairness, integrity, and transparency of jury trials in Canada. It ensures that the fundamental rights of the accused, the jurors, and the public are respected and protected during the trial process. It also ensures that the legal principles and practices surrounding jury trials are preserved and respected, and that changes cannot be made arbitrarily or without due consideration. Moreover, this section also emphasizes the importance of historical continuity in Canadian criminal law. It recognizes the fact that the legal system is a product of its history and that the law evolves gradually, in response to changing social, economic, and cultural circumstances. It also recognizes that certain legal practices and forms may have been developed over time to address particular legal issues, and it seeks to protect these practices from being altered or abolished without due consideration and analysis. Furthermore, this section of the Criminal Code of Canada also emphasizes the importance of judicial independence in Canada. It recognizes that judges are the ultimate interpreters of Canadian criminal law and that their decisions and actions must be respected and protected at all times. It also recognizes that judges have an important role to play in ensuring that jury trials are conducted fairly, transparently, and in accordance with the principles of natural justice. Finally, Section 672 of the Criminal Code of Canada serves as a reminder of the importance of the rule of law in Canadian society. It underscores the fact that no individual or government can change the legal system arbitrarily or without due consideration. It emphasizes the importance of legal continuity, transparency, and accountability, and it seeks to protect the rights and freedoms of all Canadians, regardless of their social, economic, or cultural background. In conclusion, Section 672 of the Criminal Code of Canada is an essential part of Canadian criminal law. It protects the power and authority of the courts and judges concerning jury trials, ensures the fairness, integrity, and transparency of the legal system, and emphasizes the importance of historical continuity, judicial independence, and the rule of law. It is a testament to the strength and resilience of the Canadian legal system and provides a sound foundation for maintaining the legal rights and freedoms of all Canadians.
STRATEGY
Section 672 of the Criminal Code of Canada is an important provision in the criminal justice system. It preserves the power, authority, practice, and form of trials by jury, jury processes, juries, or jurors that existed before April 1, 1955, subject to certain exceptions. This provision has significant implications for lawyers, judges, and other legal professionals when dealing with criminal trials in Canada. The following are some strategic considerations and strategies that could be employed when dealing with this section of the Criminal Code of Canada. Strategic Considerations: 1. Historical Context: Lawyers and judges need to understand the historical context of Section 672 and its purpose. It was enacted to preserve traditional jury practices and procedures that had been in place before 1955. Therefore, any proposed changes or modifications must be consistent with this historical context. 2. Constitutional Validity: Legal professionals must ensure that any use or application of Section 672 is consistent with the Canadian Constitution. For instance, Section 11 of the Charter of Rights and Freedoms grants the right to a fair trial by an independent and impartial tribunal. This right includes the right to a trial by jury for more serious offences. Therefore, the use of Section 672 must not violate this fundamental right. 3. Jurisdictional Issues: Since Section 672 preserves the power and authority of courts and judges before April 1, 1955, lawyers must be mindful of the jurisdictional limits of these courts. Some courts may not have the same authority or power as they did before 1955, and this can affect the application of Section 672. 4. Common Law Rules: Lawyers and judges must also be aware of common law rules that existed before 1955, which may still apply to criminal trials. For instance, the common law rule of "jury equity," which allows juries to acquit defendants even when the law shows guilt, still applies in some cases. Strategies: 1. Research and Analysis: Lawyers should conduct thorough research to determine the historical context, constitutional validity, and jurisdictional limits of Section 672. This will help them to determine the applicability of the provision and identify any inconsistencies or conflicts with current criminal laws. 2. Pre-Trial Motions: Lawyers can make pre-trial motions to challenge the use or application of Section 672. For instance, they may argue that a court or judge's authority or power before 1955 is no longer valid due to changes in Canadian law or common law rules. 3. Jury Selection: Lawyers can use Section 672 to their advantage by selecting juries that are more likely to be sympathetic to their client's case. They can research and analyze the demographic, cultural, and historical characteristics of jurors before 1955 to identify potential jurors who may be more favorable to their client's case. 4. Jury Instructions: Lawyers can use Section 672 to request special jury instructions that reflect common law rules or practices before 1955. For instance, they may request an instruction that explains the common law rule of jury equity to the jury. In conclusion, Section 672 of the Criminal Code of Canada is an important provision that preserves the power, authority, practice, and form of trials by jury, jury processes, juries, or jurors that existed before 1955. Lawyers, judges, and other legal professionals must be aware of the strategic considerations and strategies when dealing with this provision to ensure that it is applied fairly and consistently with the Canadian Constitution and common law rules.