section 347(7)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney Generals consent is required to initiate proceedings under section 347.

SECTION WORDING

347(7) No proceedings shall be commenced under this section without the consent of the Attorney General.

EXPLANATION

Section 347(7) of the Criminal Code of Canada is a crucial provision that mandates the Attorney General's consent to the initiation of any proceedings under this section. This section pertains to the criminal offense of "criminal interest rate" or colloquially known as "loan sharking." The section prohibits lenders from charging exorbitant rates of interest on loans, which are deemed criminal if the interest rate exceeds 60% per annum. The provision is intended to protect vulnerable borrowers who may require access to credit and may agree to such loans without adequately understanding the terms and conditions of the loan. The criminal offense under section 347 is a serious one and carries severe penalties. The maximum penalty is imprisonment for five years, while the minimum fine is $1,000 for a first-time offense. However, before initiating proceedings under this section, the consent of the Attorney General is necessary. The Attorney General is a political official who heads the Department of Justice and has vast discretionary powers to consent to or refuse to proceed with an action. The requirement for the Attorney General's consent is significant for various reasons. The offence of criminal interest rate may not always be easy to prove as it involves complex financial matters. Therefore, the Attorney General's discretion assists in ensuring that only meritorious cases are prosecuted. Additionally, the consent requirement ensures that proceedings are initiated in a consistent and principled manner, avoiding abuse of the court process or alleged political interference. In conclusion, the inclusion of section 347(7) in the Criminal Code of Canada reflects the government's commitment to protecting consumers from predatory lenders engaging in illegal activities. The consent of the Attorney General is a culmination of rigorous scrutiny, reflecting the seriousness of the offense, and ensuring that the interests of vulnerable borrowers are safeguarded.

COMMENTARY

Section 347(7) of the Criminal Code of Canada imposes a requirement of obtaining the consent of the Attorney General for the commencement of proceedings under this section. This section pertains to the offence of criminal interest rate, which refers to an interest rate charged by an individual or a business entity that exceeds the legal limit prescribed by law. The purpose of Section 347(7) is to give the Attorney General the discretion to decide whether to proceed with a prosecution or not. This provides a level of control over case outcomes and ensures that only cases with a realistic chance of success are prosecuted. It also helps to prevent the abuse of the criminal justice system by frivolous and vexatious prosecutions. Furthermore, this provision ensures that the Attorney General takes into account a wide range of factors before granting consent. For instance, the Attorney General may consider the seriousness of the offence, the evidence available, the public interest, and the impact of the prosecution on the accused and their families. This approach helps to balance the interests of the accused and society at large, as well as the efficiency and effectiveness of the justice system. The requirement of obtaining the Attorney General's consent also underscores the complexity and seriousness of the offence of criminal interest rate. Charging an interest rate that exceeds the legal limit can cause severe financial harm to borrowers and can lead to their financial ruin. Therefore, prosecuting such offences requires a careful and considered approach, which can only be achieved by involving the highest legal authority in the decision-making process. However, this provision has been criticized for creating a barrier to prosecution. For instance, obtaining the Attorney General's consent often leads to delays in the prosecution process, which can make it challenging to enforce the law effectively. Additionally, some commentators argue that this provision gives the Attorney General too much power and discretion, which can lead to uneven enforcement and a lack of transparency. In conclusion, Section 347(7) of the Criminal Code of Canada provides an essential safeguard against frivolous and vexatious prosecutions, and gives the Attorney General the necessary discretion to decide whether to commence proceedings or not. However, it is crucial to ensure that this provision does not impede the effective enforcement of the law and does not create unjustified barriers to prosecution. Any reform in this regard should be carefully considered to ensure the efficient, effective, and fair prosecution of criminal interest rate offenders.

STRATEGY

Section 347 of the Criminal Code of Canada prohibits lending at criminal interest rates and provides penalties for violators. This section sets out the maximum allowable interest rate in Canada, which is currently set at 60% per annum. Any lender who charges a rate above this limit can be prosecuted under section 347 of the Criminal Code. However, to initiate prosecution under this section, the Attorney General's consent is required. This provision gives the Attorney General a great deal of leverage in determining when and how to prosecute individuals or organizations for violating this section. The main strategic consideration when dealing with section 347 of the Criminal Code is to obtain the consent of the Attorney General for the prosecution at the earliest opportunity. This can be a time-consuming process, but it is essential if one wishes to ensure that the legal aspects of the case are handled properly. However, the Attorney General is not obligated to give consent for prosecution, and this provision can be used for political purposes. Therefore, when seeking the Attorney General's consent, it is important to present compelling evidence and to ensure that the charges are supported by the facts of the case. Another strategic consideration is to be aware of the penalties that can be imposed for violating section 347. Violations of this section can carry severe penalties, including fines and imprisonment. Therefore, it is essential to work with an experienced legal team in developing a defense strategy that can effectively contest the charges and mitigate the impact of this section. In addition to seeking the Attorney General's consent and developing a defense strategy, it may be possible to negotiate a plea bargain or settlement with the Crown prosecutor. This can be an effective strategy for avoiding the expense and uncertainty of a trial and for resolving the matter quickly. Finally, it is vital to understand the public relations implications of a case that involves section 347 of the Criminal Code. Since violations of this section can generate negative publicity, it may be necessary to develop a public relations strategy that can help to minimize the reputational damage caused by the charges. In conclusion, strategic considerations play a significant role in dealing with section 347 of the Criminal Code of Canada. To effectively navigate this provision, it is critical to obtain the Attorney General's consent, create a strong defense strategy, negotiate a plea bargain or settlement if appropriate, and develop a public relations plan to manage the reputational impact of the charges. By following these strategic considerations, those facing charges under this section can better protect their interests and achieve the best possible outcome.