Criminal Code of Canada - section 490.81(2) - Appointment of Minister of Public Works and Government Services

section 490.81(2)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General can request the appointment of the Minister of Public Works and Government Services under certain circumstances.

SECTION WORDING

490.81(2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

EXPLANATION

Section 490.81(2) of the Criminal Code of Canada covers the appointment of a person to manage the assets seized from an individual charged with a criminal offense. Subsection (1) states that a judge or justice can appoint a person to manage the seized assets if the accused cannot manage them or if the court believes that the assets may be forfeited. This can occur if the accused is unable to pay for legal fees or if there is a need to preserve the assets for possible forfeiture. The involvement of the Attorney General of Canada in the process under subsection (2) refers to a specific circumstance where the Attorney General requests that the Minister of Public Works and Government Services be appointed to manage the assets. This could be due to the complexity of managing the assets or if there is a need for specialized knowledge or expertise. The appointment of the Minister can only occur if the Attorney General requests it. This provision serves to ensure that the assets of an accused individual are properly managed and preserved during criminal proceedings. It also ensures that there is transparency in the management of seized assets, as the appointment of the Minister is done at the request of the Attorney General. Ultimately, this section of the Criminal Code of Canada aims to uphold the principles of justice and fairness in criminal proceedings and asset management.

COMMENTARY

Section 490.81(2) of the Criminal Code of Canada is an important provision that relates to the appointment of a person to manage the property of an accused or convicted person. The section provides that if the Attorney General of Canada wishes, a judge or justice appointing a person under subsection (1) shall also appoint the Minister of Public Works and Government Services. The purpose of this provision is to ensure that the property of an accused or convicted person is properly managed and accounted for, particularly if the accused or convicted person is unable or unwilling to do so. By involving the Minister of Public Works and Government Services, the government can ensure that any property held by the accused or convicted person is properly managed and, if necessary, sold or forfeited to the state. However, it is important to note that the appointment of the Minister of Public Works and Government Services is not automatic. Instead, it is at the discretion of the judge or justice. This means that the judge or justice must consider a number of factors when deciding whether to appoint the Minister of Public Works and Government Services. For example, the judge or justice may consider the nature of the property involved, the financial resources of the accused or convicted person, and the likelihood that the accused or convicted person will refrain from using or disposing of the property. Additionally, the judge or justice may consider whether there are any other parties who have an interest in the property, such as co-owners or creditors. Overall, section 490.81(2) of the Criminal Code of Canada is an important provision that allows the government to ensure that the property of an accused or convicted person is properly managed and accounted for. By involving the Minister of Public Works and Government Services, the government can ensure that any property held by the accused or convicted person is protected and, if necessary, forfeited to the state. However, it is important that the appointment of the Minister of Public Works and Government Services is done judiciously, taking into account all relevant factors, to ensure that the rights of the accused or convicted person are protected and that justice is served.

STRATEGY

One of the key strategic considerations when dealing with section 490.81(2) of the Criminal Code of Canada is the potential political implications of appointing the Minister of Public Works and Government Services in criminal proceedings. This section of the code allows the Attorney General of Canada to request that a judge or justice appoint the Minister of Public Works and Government Services in cases where property is subject to forfeiture or detention. One potential strategic consideration is the optics of such an appointment. Given the political nature of the position, there may be concerns about the appearance of political interference in criminal proceedings. This could raise questions about the fairness and impartiality of the legal system, which could be damaging to public trust in government institutions. Another strategic consideration is the potential legal ramifications of an appointment under this section. Specifically, there could be concerns about conflicts of interest or bias if the Minister of Public Works and Government Services is appointed to a case involving government property or assets. This could create challenges for prosecutors, who may be required to demonstrate that the appointment does not compromise the integrity of the legal proceedings. In terms of strategies that could be employed, one potential approach could be to limit the circumstances in which the Minister of Public Works and Government Services can be appointed under section 490.81(2). This could involve implementing stricter criteria for when such an appointment is necessary, such as requiring that the value of the subject property exceed a certain threshold or that there is evidence of criminal wrongdoing on the part of the government. Another strategy could be to enhance transparency and oversight in cases where the Minister of Public Works and Government Services is appointed. This could involve requiring more extensive reporting on the appointment process, including documenting the reasons for the appointment, the value of the subject property, and any conflicts of interest that may arise. Ultimately, the key to effectively dealing with section 490.81(2) of the Criminal Code of Canada will be to balance the need for effective law enforcement and asset forfeiture with the need to maintain public trust in government institutions. By implementing careful strategies and procedures, it may be possible to achieve this balance and ensure that justice is served while maintaining the integrity of the legal system.