Criminal Code of Canada - section 713.1

section 713.1

INTRODUCTION AND BRIEF DESCRIPTION

Evidence taken by a commissioner appointed under section 712 shall not be excluded solely based on differences in process, as long as the process used aligns with the law of the country and principles of fundamental justice.

SECTION WORDING

713.1 Evidence taken by a commissioner appointed under section 712 shall not be excluded by reason only that it would have been taken differently in Canada, provided that the process used to take the evidence is consistent with the law of the country where it was taken and that the process used to take the evidence was not contrary to the principles of fundamental justice.

EXPLANATION

Section 713.1 of the Criminal Code of Canada provides guidance on the admissibility of evidence that has been obtained through the appointment of a commissioner outside of Canada. This section acknowledges that the process used to gather the evidence may differ from the process followed in Canada, but the absence of conformity to Canadian law alone is not sufficient to exclude the evidence from trial. For obtained evidence to be admissible in court, it must meet two fundamental criteria. The first criterion is that the process used to obtain the evidence must be in line with the law of the jurisdiction where it was obtained. This means that the techniques, methods, and procedures used to collect the evidence must be lawful and in accordance with the local laws in that country. The second criterion is that the process used to obtain the evidence must not run contrary to the principles of fundamental justice. These principles serve to prevent arbitrary, unfair, or discriminatory treatment of those accused of a crime. The principles of fundamental justice are considered to be overarching, moral principles that guide the legal system of Canada. Examples of these principles include the right to a fair trial, the right to remain silent, and the presumption of innocence. If evidence meets both of these requirements, it is admissible in court. This means that even if the process of collecting evidence differs from that in Canada, the evidence can still be introduced, as long as the process used does not violate the fundamental principles of justice and is consistent with the laws of the country where it was obtained. Overall, the purpose of this section is to ensure that evidence obtained from foreign jurisdictions can be used in Canadian courts, as long as the collection process is deemed fair and just. This section aims to prevent the exclusion of relevant evidence that could be crucial to the prosecution or defense of a criminal case.

COMMENTARY

Section 713.1 of the Criminal Code of Canada is a provision that addresses the admissibility of evidence collected by a commissioner appointed under section 712. This section of the Criminal Code provides context for the use of evidence that may have been collected outside of Canada. Essentially, it establishes a set of standards that must be met in order for evidence that has been collected by a foreign entity to be admissible in Canadian courts. The first standard that must be met is that the process used to collect the evidence must be consistent with the law of the country in which it was collected. This means that the process used to collect the evidence must not have violated any laws or legal procedures of that country, and that it was done in accordance with the country's legal framework. Essentially, this is a requirement that foreign evidence must have been collected legally. The second standard that must be met is that the process used to collect the evidence must not be contrary to the principles of fundamental justice. This criterion allows Canadian courts to exclude evidence that was collected in an unlawful, coercive, or otherwise unjust manner, without regard for the laws of the country of origin. This ensures that foreign evidence that is collected through torture, intimidation, or other forms of cruelty and inhumanity is not admissible in Canadian courts. Section 713.1 of the Criminal Code reflects an important principle in Canadian criminal law - that the collection of evidence should be fair, just, and conducted in accordance with the law. This section provides a framework for the use of foreign evidence in Canadian courts, ensuring that justice is served while also respecting the legal framework of the country where the evidence was collected. Overall, section 713.1 of the Criminal Code recognizes the importance of collecting evidence that is obtained through ethical and legally sound processes. It also places significant responsibility on the courts to ensure that the evidence presented in a trial is collected in a fair and just manner, regardless of where it was gathered. Furthermore, the provision ensures that Canadian courts maintain the ability to control the admissibility of foreign evidence. This provides greater confidence in the Canadian legal system and ultimately leads to more just outcomes in criminal cases.

STRATEGY

Section 713.1 of the Criminal Code of Canada deals with the admissibility of evidence that is taken by a commissioner appointed under section 712. This section allows for evidence to be admitted in Canadian courts if it is consistent with the law of the country where it was taken and the process used to take the evidence was not contrary to the principles of fundamental justice. When dealing with this section, there are several strategic considerations that should be taken into account. Firstly, it is important to determine if the foreign evidence is reliable and trustworthy. This can be established by examining the methods used to gather the evidence and the qualifications of those who conducted the investigation. It is also important to consider any potential biases or motivations of the individuals involved in the collection of the evidence. If there are any concerns about the reliability or accuracy of the evidence, it may not be worth using in court. Secondly, it is important to consider the potential impact of the foreign evidence on the case. If the evidence is particularly damaging, it may be worth challenging its admissibility. This could involve arguing that the evidence was obtained in violation of the principles of fundamental justice or that the process used to collect the evidence was inconsistent with the law of the country where it was taken. Thirdly, it is important to consider the potential impact of the foreign evidence on the credibility of the case. If the evidence is based on cultural or legal practices that differ significantly from those in Canada, it may be difficult to convince a Canadian court of its relevance or importance. In these cases, it may be necessary to supplement the foreign evidence with additional evidence that is more familiar to Canadian courts. Finally, it is important to consider the potential impact of using foreign evidence on issues of sovereignty and international relations. The use of foreign evidence may be seen as an intrusion into the affairs of another country and could lead to diplomatic tensions. It may be necessary to consult with government officials or legal experts in both Canada and the country where the evidence was collected to ensure that the use of the evidence is appropriate and does not violate any international laws or agreements. In terms of strategies that could be employed when dealing with this section of the Criminal Code, it may be necessary to engage with legal experts and government officials in both Canada and the country where the evidence was collected. This could involve seeking guidance on the admissibility of the evidence and the appropriate procedures for its use in Canadian courts. It may also involve engaging in diplomatic discussions to ensure that the use of the evidence does not cause any unintended consequences for bilateral or international relations. In conclusion, section 713.1 of the Criminal Code of Canada presents several strategic considerations when dealing with foreign evidence. These considerations include the reliability of the evidence, its potential impact on the case, its relevance to Canadian legal practices, and its potential impact on international relations. To address these considerations, it may be necessary to consult with legal experts and government officials, and to employ strategic communication and diplomatic skills to ensure the appropriate use of foreign evidence in Canadian courts.