INTRODUCTION AND BRIEF DESCRIPTION
An order for taking evidence by commission must specify the officer who will receive the evidence taken.
SECTION WORDING
713(2) An order for the taking of evidence by commission shall indicate the officer of the court to whom the evidence that is taken under the order shall be returned.
EXPLANATION
Section 713(2) of the Criminal Code of Canada outlines the procedure for taking evidence by commission in criminal trials. A commission is a legal document that authorizes a person or group of persons to take evidence in a specific matter. This section requires the issuing judge to name the court officer responsible for receiving and keeping the evidence collected under the commission. The purpose of this requirement is to ensure that the evidence gathered through the commission is properly kept and secured until it is required for use in court. Since the evidence collected under the commission is often taken from witnesses who are not present in court, it is important that the evidence be properly stored and protected so that it can be produced in court when required. The officer of the court named in the commission order is responsible for receiving and safeguarding the evidence collected under the order until it is required for presentation in court. Overall, section 713(2) plays an important role in the fair administration of justice by ensuring that evidence collected outside of court is properly preserved and available for use in the trial process. By mandating the naming of an officer of the court responsible for the custody of such evidence, this section helps to safeguard against the loss, alteration, or destruction of evidence and ensures the reliability and validity of the evidence presented at trial.
COMMENTARY
Section 713(2) of the Criminal Code of Canada is a provision that is often overlooked by legal professionals. Essentially, this section requires that if a commission for the taking of evidence is ordered by the court, the order must indicate which officer of the court is supposed to receive the evidence that is taken. This provision is essential to ensuring that evidence that is collected through a commission is properly handled and preserved. The concept of a commission is not unique to Canadian law. It is a legal procedure that is used in many common law jurisdictions to gather evidence in circumstances where it is difficult or impossible to obtain it through traditional means. A commission is essentially a written order from a court authorizing someone - usually a lawyer or a court-appointed officer - to take evidence from a witness or a party to a case. For example, a commission might be ordered if a witness lives in a different city or country, making it difficult to have them physically present in court to testify. Commissions are an important tool in the administration of justice. They allow courts to gather evidence from witnesses who might otherwise be inaccessible, which can be crucial in many types of cases. However, commissions also come with certain risks. For example, evidence that is taken through a commission may not be subject to the same level of scrutiny as evidence that is gathered in court. There is also a risk that evidence gathered through a commission may be mishandled or lost. Section 713(2) of the Criminal Code helps to mitigate some of these risks by ensuring that evidence that is taken through a commission is properly handled and preserved. By requiring that the order indicate which officer of the court is supposed to receive the evidence, this provision makes it clear who is responsible for ensuring that the evidence is properly stored and handled. This helps to ensure that the evidence is not lost or destroyed. It is worth noting that section 713(2) does not specify what should happen to the evidence once it has been received by the officer of the court. This is likely because the handling of evidence is governed by other provisions of the Criminal Code and other laws. However, by requiring that the order indicate which officer of the court is supposed to receive the evidence, section 713(2) helps to ensure that there is accountability for the handling of the evidence. In conclusion, section 713(2) of the Criminal Code of Canada is an important provision that helps to ensure that evidence that is taken through a commission is properly handled and preserved. By requiring that the order indicate which officer of the court is supposed to receive the evidence, this provision ensures that there is accountability for the handling of the evidence, and helps to mitigate some of the risks associated with gathering evidence through a commission. While this provision may seem like a mere technicality to some, it is an essential component of the justice system that helps to ensure the fairness and integrity of criminal trials.
STRATEGY
Section 713(2) of the Criminal Code of Canada is an essential provision for law enforcement agencies, prosecutors, and defendants in the Canadian criminal justice system. This section outlines the requirements for obtaining evidence by commission, which refers to the practice of obtaining testimony or evidence from witnesses or experts who are located outside the jurisdiction of the court. There are several strategic considerations that need to be taken into account when dealing with this section of the Criminal Code of Canada. One of the key strategic considerations in obtaining evidence by commission is ensuring that the evidence obtained will be admissible in court. Section 713(2) of the Criminal Code of Canada directs that an order for the taking of evidence by commission must specify the officer of the court to whom the evidence will be returned. This requirement ensures that the evidence is properly accounted for and can be presented in court in a credible and reliable manner. Failure to comply with this requirement could result in the evidence being excluded from trial. Another strategic consideration in obtaining evidence by commission is determining the appropriate location to take the evidence. This decision will depend on several factors, including the location of the witness, the nature of the evidence, and the legal requirements of the jurisdiction in which the witness is located. In some cases, it may be more cost-effective or practical to travel to the location of the witness to take the evidence in person, while in other cases, it may be more feasible to obtain the evidence through video conference or other electronic means. When dealing with Section 713(2) of the Criminal Code of Canada, it is also important to consider the potential impact on the proceedings. Obtaining evidence by commission can be a time-consuming process, and delays in obtaining evidence could delay the trial. Additionally, the manner in which the evidence is presented in court can impact the credibility of the evidence and the witness. Lawyers and prosecutors should work closely with the presiding judge to ensure that the evidence is presented in a clear and concise manner, and that there is adequate time for cross-examination. Finally, strategic considerations must also be given to the costs associated with obtaining evidence by commission. This could include the cost of travel, accommodation, and legal fees. Before obtaining evidence by commission, lawyers and prosecutors should consider alternative methods of obtaining the evidence, such as requesting the witness to travel to Canada or presenting the evidence through written affidavits. In conclusion, Section 713(2) of the Criminal Code of Canada is an essential provision in obtaining evidence by commission. It is important to consider the admissibility of the evidence, the location of the witness, the impact on the proceedings, and the costs associated with obtaining the evidence. By carefully weighing these considerations, lawyers and prosecutors can ensure that they obtain the evidence they need while also presenting a strong case in court.