INTRODUCTION AND BRIEF DESCRIPTION
This section clarifies that indictment includes charges for indictable offenses under Part XIX of the Criminal Code.
SECTION WORDING
673 In this Part, "indictment" includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX.
EXPLANATION
Section 673 of the Criminal Code of Canada is a definition section that clarifies the meaning of "indictment" in the context of Part XIX of the Code. The term indictment" commonly refers to a formal document containing a set of charges against an individual for a serious offence that is to be tried in the superior court system. Part XIX of the Criminal Code of Canada sets out the rules and procedures for the prosecution and trial of individuals who are charged with an indictable offence. The section highlights that the definition of "indictment" also includes the term "information or charge". This means that any document that outlines a set of charges against an individual can be considered as an indictment and can lead to a trial under Part XIX of the Criminal Code. In practice, an information is a less formal document than an indictment that outlines the basic charges against an individual and does not necessarily require a Grand Jury to return formal charges before a trial can proceed. On the other hand, a charge is usually associated with less serious offences that can be tried in Provincial Court without the need for indictment. However, if an individual has already been tried for an indictable offence under Part XIX of the Criminal Code, subsequent charges may also be considered an indictment under section 673. Overall, section 673 is an important section as it ensures that the definition of "indictment" is clear and uniform for the purposes of Part XIX of the Criminal Code. This helps to ensure that the rules and procedures for the trial of serious offences are followed consistently and that all individuals are treated fairly in the justice system.
COMMENTARY
Section 673 of the Criminal Code of Canada serves to clarify the meaning of the term "indictment" in Part XXIII of the Code. This Part deals with the procedure for indictable offences and outlines the requirements for a fair and just criminal trial. The significance of this section lies in its recognition that an "indictment" can take different forms, not just the traditional document presented by a grand jury. The inclusion of an information (a written statement of charges laid by a prosecutor) or a charge (a formal accusation of a crime) in the definition of indictment means that an accused person may be tried for an indictable offence in different ways, depending on the specific circumstances of their case. This section also serves to inform the accused person of the different types of charges that they may face when charged with an indictable offence. By including the term "charge" within the definition of indictment, the accused person is made aware that they may be subject to either an indictment or a charge, and they must be prepared to defend themselves against either form of prosecution. Moreover, this section ensures that the accused person is provided with the same protections and rights regardless of whether they are charged by indictment or by charge. This includes the right to a fair trial, the right to counsel, and the right to a presumption of innocence until proven guilty beyond a reasonable doubt. Overall, Section 673 of the Criminal Code of Canada plays a vital role in clarifying the meaning of the term "indictment" and providing a framework for the procedure of indictable offences. It acknowledges that the different forms of indictments can be used in certain cases, and ensures that the accused person is provided with equal protection and rights regardless of the type of indictment they face. This section enhances the transparency and fairness of the criminal justice system, and promotes trust in the rule of law.
STRATEGY
Section 673 of the Criminal Code of Canada is a crucial provision for understanding the legal rules regarding indictments. It widens the definition of indictments to include charges and information in regards to which an individual has already been tried for an indictable offense. The strategic considerations when dealing with this section of the Criminal Code of Canada for both the prosecution and defense counsel are discussed below. For Prosecution Counsel: 1. Charge Aggressively: Since Section 673 includes information or charges for which a person has already been tried, it is essential for prosecution counsel to consider the strength of the evidence before proceeding with the trial. 2. Charge More Specifically: To avoid any chance of a legal loophole, prosecution counsel should charge the defendant with specific crimes, rather than broad and generic offenses. This ensures that the accused is given a fair and just trial according to criminal law. 3. Anticipate Appeals: Prosecution counsel should take into account the appellant nature of the Criminal Justice System, and anticipate any potential appeal outcomes. Charging more specifically and being cautious in terms of evidence can help in defending their case. For Defense Counsel: 1. Request for Disclosure: Defense counsel must request for all relevant documents, statements, and other evidence from the prosecution. This is important to understand the evidential basis and severity of the charges the accused is facing. 2. Carefully Scrutinize Evidence: Defense counsel must critically scrutinize the prosecution's evidence to identify potential weaknesses that may not have been previously illuminated. By being well-informed about the evidence, defense counsel can effectively argue against the charges brought against the accused. 3. Seek a Plea Agreement: Defense counsel may seek a plea agreement instead of opting for a full trial. Plea agreements may carry less severity than originally anticipated when charges are initially brought. Conclusion: Section 673 of the Criminal Code of Canada is a critical provision for prosecution and defense counsel to consider. Understanding the scope of this section and its implications in specific cases is therefore crucial, both for the successful conviction of offenders and for ensuring the fair trial of the accused person. The strategic considerations for both sides may vary vastly, but careful consideration of evidence, as well as the particularity of criminal charges, form the foundation of both strategies to deal with this provision of law.