INTRODUCTION AND BRIEF DESCRIPTION
This section allows document service to be made according to provincial laws for offenses in that province.
SECTION WORDING
701.1 Despite section 701, in any province, service of a document may be made in accordance with the laws of the province relating to offences created by the laws of that province.
EXPLANATION
Section 701.1 of the Criminal Code of Canada relates to the service of a document in a province in accordance with the laws of that province regarding offences created by its laws. This means that, while Section 701 may govern the service of a document in a particular case, Section 701.1 overrides it by allowing for service to be carried out in accordance with the provincial laws of the province where the offence was committed. For example, if an offence was committed in British Columbia and a document needs to be served, the laws of British Columbia regarding the service of documents would be followed instead of the laws laid out in Section 701 of the Criminal Code. This may include rules and regulations related to how a document can be served, who can serve it, and when it needs to be served. This provision allows for flexibility in the way documents are served across different provinces, taking into account the differences in their respective laws. It recognizes that laws regarding offences may not be the same across all provinces and therefore, the provincial laws regarding service need to be considered and followed in each respective province. Overall, Section 701.1 demonstrates Canada's commitment to federalism and the recognition of the important role provinces play in the application and enforcement of criminal laws. By allowing for flexibility in the service of documents, this provision ensures that the administration of justice can be carried out effectively and efficiently, regardless of which province the offence occurred in.
COMMENTARY
Section 701.1 of the Criminal Code of Canada provides a provision that is unique in the sense that it deviates from the general rule for service of documents in criminal proceedings. Section 701 of the Criminal Code of Canada states that any document to be served in a criminal proceeding shall be served in accordance with the laws of the province where the proceeding is taking place. However, Section 701.1 carves out an exception to this rule and allows for service of a document to be made in accordance with the laws of the province relating to offences created by the laws of that province. This provision effectively allows the provincial rules for service to apply in certain situations, despite the general rule set out in Section 701. The intention behind Section 701.1 is to provide additional flexibility in how documents can be served in criminal proceedings. The provision acknowledges that provinces have their own laws that govern the creation of offences. These laws may include provisions that require documents to be served in a different manner than what is set out in the Criminal Code. By allowing these laws to govern the service of documents in relation to provincially-created offences, Section 701.1 ensures that the provincial laws can still be followed even if they conflict with the Criminal Code. One potential issue that may arise from the use of Section 701.1 is that it may result in confusion or inconsistencies in how documents are served in criminal proceedings. Since the application of the provision depends on whether an offence was created by the laws of that province, it may be difficult to determine whether provincial service rules or the Criminal Code rules apply. This could be especially problematic in situations where there are multiple charges being heard in a proceeding, some of which were created by federal law and others that were created by provincial law. In these situations, it may be necessary to consult both the federal and provincial laws to determine the appropriate service rules for each charge. Another potential issue with Section 701.1 is that it may create disparities in how documents are served across different provinces. Since the provision allows for the use of provincial service rules, it is possible that different provinces may have different requirements for serving documents relating to provincially-created offences. This could create confusion for lawyers, judges, and other participants in the criminal justice system who may not be familiar with the specific service rules in each province. Overall, Section 701.1 of the Criminal Code of Canada provides an exception to the general rule for service of documents in criminal proceedings. The provision allows for the use of provincial service rules in relation to provincially-created offences, providing additional flexibility in how documents can be served. While there may be some issues with using this provision, it is ultimately a helpful tool for ensuring that the appropriate service rules are followed in the context of provincially-created offences.
STRATEGY
Section 701.1 of the Criminal Code of Canada allows for the service of legal documents to be made in accordance with the laws of the province relating to offences created by the laws of that province. This section provides an important strategic consideration for lawyers and individuals dealing with legal matters that involve service of documents. One of the primary strategic considerations when dealing with Section 701.1 is to ensure that the appropriate provincial laws are followed. This requires a thorough understanding of the applicable laws in the province in question. Failure to follow these laws can result in legal complications and delays. Another strategic consideration is to ensure that the document is served in a timely and appropriate manner. This requires careful planning and coordination, including identifying the appropriate parties to be served, preparing the necessary documents, and arranging for service to be carried out. One strategy that can be employed when dealing with Section 701.1 is to work closely with experienced lawyers who have a comprehensive understanding of the relevant provincial laws and regulations. These lawyers can provide guidance and support throughout the process, helping to navigate the complex legal landscape and ensuring that all necessary steps are taken to achieve a successful outcome. Another strategy that can be effective is to use electronic means of service wherever possible. This can help to speed up the process, reduce costs, and improve efficiency. However, it is important to ensure that the electronic means of service comply with the relevant provincial laws and regulations. Overall, Section 701.1 of the Criminal Code of Canada provides an important tool for lawyers and individuals dealing with legal matters that involve service of documents. By following the appropriate provincial laws and regulations, and working closely with experienced legal professionals, it is possible to navigate this complex area of the law and achieve a successful outcome.