section 473(2)

INTRODUCTION AND BRIEF DESCRIPTION

Consent given by accused and Attorney General cannot be withdrawn without mutual agreement.

SECTION WORDING

473(2) Notwithstanding anything in this Act, where the consent of an accused and the Attorney General is given in accordance with subsection (1), that consent shall not be withdrawn unless both the accused and the Attorney General agree to the withdrawal.

EXPLANATION

Section 473(2) of the Criminal Code of Canada provides an exception to the usual rule that a prosecutor has the discretion to withdraw charges against an accused person at any time. This section specifies that if both the accused and the Attorney General have given their consent in accordance with subsection (1) of this provision, the consent cannot be withdrawn unless both parties agree to it. Subsection (1) outlines the circumstances in which a prosecutor can enter into a plea agreement with an accused person. Such agreements, commonly referred to as "plea bargains," allow an accused person to plead guilty to a lesser offence or receive a reduced sentence in exchange for cooperation or other considerations. In order for a plea agreement to be valid under the law, both the accused person and the Attorney General must consent to its terms. Section 473(2) ensures that once a plea agreement has been reached and both parties have given their consent, the prosecutor cannot unilaterally withdraw their agreement to the terms. This protects the accused person from having the prosecutor change their mind and press more serious charges or seek harsher sentencing, which could undermine the plea agreement they had agreed to. Overall, section 473(2) reflects the importance of ensuring that plea agreements are entered into voluntarily and with the informed consent of both parties. It also provides an extra layer of protection for accused persons who have already agreed to a plea bargain, ensuring that the prosecutor cannot go back on their commitments and disrupt the agreement.

COMMENTARY

Section 473(2) of the Criminal Code of Canada is a provision that governs the process of withdrawing consent in cases of criminal appeals. It outlines the conditions under which the consent of both the accused and the Attorney General may be withdrawn, and the roles of both parties in determining whether such withdrawal is permissible. The provision states that where the consent of an accused and the Attorney General is given in accordance with subsection (1), which pertains to the procedure for appealing a criminal conviction, that consent shall not be withdrawn unless both parties agree to the withdrawal. This means that once an accused person and the Attorney General have agreed to the terms of the appeal, they cannot unilaterally backtrack on their decisions without the other party's agreement. Section 473(2) is an important safeguard for the procedural rights of both the accused and the state in criminal appeals. It ensures that once an appeals process has been initiated, both parties are committed to the outcome unless they jointly agree to change course. One of the key benefits of this provision is that it reduces uncertainty in the appeals process. If either party were allowed to withdraw their consent unilaterally, it could result in numerous delays, legal disputes, and the overall prolongation of the appeals process. With Section 473(2), both parties are obligated to stick to their initial commitments, and this helps to ensure that the appeals process is conducted in an orderly, predictable manner. In practice, the application of Section 473(2) can involve negotiations between the accused and the Attorney General. For example, if new evidence emerges or if there is a change in circumstances that could affect the outcome of the appeal, both parties may need to come to a new agreement about how to proceed. However, so long as both parties agree to the proposed changes, the process can continue smoothly. In conclusion, Section 473(2) of the Criminal Code of Canada is a critical provision that ensures that criminal appeals are conducted in a transparent, predictable manner. By stipulating that both the accused and the Attorney General must agree to any decisions about withdrawing consent, it encourages fairness, consistency, and efficiency in the appeals process. Overall, this provision is an essential aspect of Canada's legal system, and helps to ensure that justice is served consistently and fairly in criminal cases.

STRATEGY

Section 473(2) of the Criminal Code of Canada deals with the withdrawal of a guilty plea by an accused after the court has accepted the plea. At this point, the accused can only withdraw their plea of guilty if both they and the Attorney General agree to the withdrawal. This section is significant because it places limits on an accused's ability to withdraw their guilty plea and places significant discretion in the hands of the Attorney General. There are several strategic considerations that parties must consider when dealing with this section of the Criminal Code. The first consideration is that once an accused pleads guilty, they have significantly limited their options in terms of legal challenges or defences. As such, it is critical that accused individuals and their legal counsel are confident in their understanding of the charges against them and the ramifications of pleading guilty before making this decision. Additionally, this knowledge will ensure that the accused can confidently stand behind their plea in the future and will not need to withdraw their plea. The second strategic consideration is that this section of the Criminal Code places considerable power in the hands of the Attorney General because they have the ability to oppose the withdrawal of a guilty plea. In situations where an accused has pleaded guilty to a serious offence, the Attorney General may prefer that the accused's plea stands in order to ensure that justice is served. However, in cases where the accused has pleaded guilty to a more minor offence or where new evidence has come to light, there may be a greater willingness to agree to a withdrawal of the plea. Third, strategic considerations must be given to the reasons for an accused wanting to withdraw their guilty plea. If an accused is attempting to withdraw their plea because they have changed their mind or because they believe that they can achieve a better outcome by going to trial, the Attorney General may be less likely to agree to the withdrawal. However, if there has been a significant change in circumstances, such as new evidence coming to light or an error being made during the proceedings, there may be greater willingness to agree to the withdrawal. Fourth, legal counsel must consider the potential consequences of withdrawing a guilty plea, particularly if the accused is considering going to trial. Going to trial can come with significant risks, including the possibility of a harsher punishment if the accused is ultimately found guilty. Additionally, by withdrawing their plea, the accused may lose any benefits that may have been associated with pleading guilty, such as a reduced sentence or a plea bargain. In terms of strategies that could be employed when dealing with this section of the Criminal Code, the first and most important strategy is to ensure that the accused fully understands the ramifications of pleading guilty and the potential consequences of withdrawing their plea. This includes understanding the charges against them, the potential punishments, and the risks associated with proceeding to trial. Second, legal counsel may want to investigate alternative options such as negotiating more favourable terms for a plea bargain, rather than withdrawing the plea altogether. This may involve presenting new evidence or arguments to the Attorney General in order to convince them to agree to a withdrawal of the plea. Third, legal counsel may want to prepare carefully crafted arguments that demonstrate why a withdrawal of the plea is in the interests of justice. This may involve presenting evidence or arguments that demonstrate that the accused would be unjustly punished if they are not able to withdraw their plea. In conclusion, Section 473(2) of the Criminal Code of Canada is a significant provision that places considerable discretion in the hands of both the accused and the Attorney General. Strategic considerations must be given to the ramifications of pleading guilty, the reasons for withdrawing a plea, and the potential consequences of going to trial before any decisions are made. Legal counsel can play an important role in helping accused individuals navigate this complex legal process and achieve the best possible outcome given their unique circumstances.