NCJ Number
105422
Date Published
1987
Length
57 pages
Annotation
This working paper proposes a variety of recommendations to remove complexities and technicalities from Canada's present rules governing the drafting of criminal charges.
Abstract
An introduction, emphasizing the need to balance simplicity and clarity against the need to maintain fairness in the administration of justice, provides a brief history of criminal pleadings in Canada. The Law Reform Commission recommends that a single document called a 'charge document' be employed throughout the criminal justice process, instead of the two forms currently in use. Other recommendations simplify the form of the charge document and clarify the requirements of its content. The paper's key proposals virtually eradicate the so-called 'doctrine of nullity' by suggesting that broad powers of amendment be employed, coupled with a court power to order other necessary relief to an affected party such as the granting of an adjournment. Another significant reform would allow certain related charges to be joined with a charge of murder. Recommendations also try to clarify the law concerning the court's ability to grant a severance of accused or counts which are joined together in a single charge document. Summary of the 16 recommendations, glossary, and sample forms. (Author summary modified)