section 490.02914(2)

INTRODUCTION AND BRIEF DESCRIPTION

The appeal court must notify the RCMP Commissioner and the Attorney General or Minister of Justice of a decision made under subsection 490.02913(1).

SECTION WORDING

490.02914(2) If the appeal court makes an order that may be made under subsection 490.02913(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

EXPLANATION

Section 490.02914(2) of the Criminal Code of Canada is a provision that pertains to the responsibilities of an appeal court when issuing an order under subsection 490.02913(1). Subsection 490.02913(1) is a provision that allows an individual whose property or things have been seized during the course of an investigation to apply for an order for the return of said property or things. If an individual successfully makes an application under subsection 490.02913(1), the appeal court may issue an order for the return of the seized property or things. In such cases, subsection 490.02914(2) requires the appeal court to notify the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application was made of its decision. The purpose of this notification requirement is to ensure that relevant authorities are aware of the appeal court's decision and can take appropriate action as necessary. For example, law enforcement officials may need to return the seized property or things, or the Attorney General may choose to appeal the decision. Overall, section 490.02914(2) is an important provision as it helps to ensure that proper communication and coordination occurs between relevant parties in cases where an appeal court issues an order for the return of seized property or things.

COMMENTARY

Section 490.02914(2) of the Criminal Code of Canada is a critical section that stipulates measures to be taken once an appeal court makes an order that falls under subsection 490.02913(1). The section requires that once an appeal court has made an order; the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made be notified of the decision. In essence, this section of the Criminal Code of Canada aims to ensure that relevant authorities, such as the police and the Attorney General, are made aware of any decision made by the appeal court. This notification ensures that all necessary parties have the opportunity to review and assess the decision and to ensure that the said order is enforced. Additionally, notification helps to alleviate any confusion, misunderstandings or conflicts that may arise from the decision. The importance of this provision cannot be overstated as it fosters accountability, transparency, and coherency in the criminal justice system. The Royal Canadian Mounted Police (RCMP) is responsible for enforcing the decisions and orders made by the appeal court. The notification of the decision to the commissioner ensures that the RCMP is aware of the order, leading to a more effective enforcement of the decision. Moreover, the provision ensures that the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made, is notified. This is crucial because it enables the Attorney General or the minister of justice to carry out their constitutional mandate of ensuring that justice is done and that the rights of the accused and victims are upheld. Furthermore, notification to the Attorney General or the minister of justice serves to promote inter-agency collaboration, which is necessary for the effective administration of justice in Canada. With different facets of the justice system working cohesively and collaboratively, the justice system can ensure that it upholds the rights of the accused and the victims. In conclusion, section 490.02914(2) of the Criminal Code of Canada is an essential provision that ensures that an appeal court's decisions are communicated to relevant authorities such as the commissioner of the Royal Canadian Mounted Police and the Attorney General or minister of justice of the territory in which the order was made. This provision promotes accountability, transparency, and collaboration in the criminal justice system and ensures that justice is done in an efficient and effective manner.

STRATEGY

Section 490.02914(2) of the Criminal Code of Canada outlines the mandatory reporting requirements to the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province or the minister of justice of the territory in which the application for the order was made when certain orders are made under subsection 490.02913(1). This section of the Criminal Code has significant strategic considerations and implications for individuals and organizations involved in criminal proceedings. One strategic consideration is the potential impact of the appeal court order on the reputation and business of the individual or organization involved. In cases where the appeal court has made an order under subsection 490.02913(1), notifying law enforcement agencies and government officials may have serious reputational consequences. For example, if an individual or organization is acquitted of a criminal offence but subsequently charged with an offence under subsection 490.02913, notifying the Commissioner of the Royal Canadian Mounted Police and the Attorney General or minister of justice could result in negative publicity that harms reputation and business interests. Another strategic consideration is the legal and practical implications of such notification. Once notified, the Commissioner of the Royal Canadian Mounted Police and the Attorney General or minister of justice may take additional legal action against the individual or organization. This legal action could take the form of further investigation or even criminal charges, leading to significant legal costs and reputational harm. Organizations and individuals must consider strategies to deal with Section 490.02914(2) of the Criminal Code effectively. One strategy could be to engage the services of an experienced criminal lawyer to ensure that any potential consequences of an appeal court order are minimized. Furthermore, engaging a legal expert can assist with navigating the complex legal landscape of criminal proceedings, which can be daunting and arduous. Another strategy is to engage a public relations specialist to respond to any negative publicity that may come as a result of an appeal court order. By having a well-prepared public relations plan, an organization or individual can mitigate the reputational impact of a Section 490.02914(2) notice and preserve the integrity of their brand. A third strategic consideration is to engage with law enforcement agencies proactively. By engaging with law enforcement agencies and cooperating with any investigations, organizations and individuals can better understand the legal and practical implications of a Section 490.02914(2) notice, and potentially mitigate any negative consequences. In conclusion, Section 490.02914(2) of the Criminal Code of Canada has significant strategic considerations and implications for individuals and organizations involved in criminal proceedings. To deal with these challenges, individuals and organizations must consider strategies that address the potential impact of a notice and minimize legal and reputational consequences. These measures include engaging experienced legal and public relations professionals and actively cooperating with law enforcement agencies. By taking a proactive approach, individuals and organizations can mitigate the risks of Section 490.02914(2) notices and effectively navigate the complex landscape of criminal proceedings.