section 579(2)

INTRODUCTION AND BRIEF DESCRIPTION

Proceedings may be recommenced without a new charge by giving notice to the court within one year of the stay of proceedings.

SECTION WORDING

579(2) Proceedings stayed in accordance with subsection (1) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General or counsel instructed by him for that purpose giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but where no such notice is given within one year after the entry of the stay of proceedings, or before the expiration of the time within which the proceedings could have been commenced, whichever is the earlier, the proceedings shall be deemed never to have been commenced.

EXPLANATION

Section 579(2) of the Criminal Code of Canada provides a mechanism for restarting criminal proceedings that have been stayed pursuant to subsection (1) of the same section. This subsection allows the Attorney General or counsel instructed by them to recommence proceedings without having to lay a new information or indict the accused person again. To initiate the recommencement of proceedings, the Attorney General or their instructed counsel must give notice of the recommencement to the clerk of the court where the stay of the proceedings was entered. If no such notice is given within one year of the stay or before the expiry of the time in which the proceedings could have originally been commenced, then the proceedings shall be deemed never to have been commenced. This provision ensures that the justice system remains fair and efficient. It allows for the recommencement of proceedings without requiring the filing of a new information or indictment, which may unnecessarily delay the process and result in a waste of resources. At the same time, it sets a limit on how long the prosecution can wait before recommencing the proceedings, which ensures that the accused's right to a speedy trial is not unjustly violated. Overall, this provision is an important part of the Criminal Code of Canada that balances the interests of the prosecution and the accused while ensuring that justice is served efficiently and fairly.

COMMENTARY

Section 579(2) of the Criminal Code of Canada is a provision that deals with the recommencement of proceedings that have been stayed in accordance with subsection (1). This provision is important in that it allows the Attorney General or counsel instructed by him to recommence proceedings without laying a new information or preferring a new indictment, thereby helping to ensure that the justice system operates smoothly and efficiently. The section provides that proceedings stayed in accordance with subsection (1) may be recommenced by the Attorney General or counsel instructed by him for that purpose giving notice of the recommencement to the clerk of the court in which the stay of proceedings was entered. This means that the Attorney General or counsel can easily recommence proceedings by providing notice to the relevant authorities, without having to go through the time-consuming and potentially costly process of laying a new information or preferring a new indictment. One important aspect of this provision is that it sets a time limit for the Attorney General or counsel to recommence proceedings. Specifically, if no notice is given within one year after the entry of the stay of proceedings, or before the expiration of the time within which the proceedings could have been commenced, whichever is the earlier, the proceedings shall be deemed never to have been commenced. This time limit helps to ensure that proceedings are not unnecessarily prolonged and that the justice system operates in a timely and efficient manner. Overall, Section 579(2) of the Criminal Code of Canada is an important provision that helps to ensure that the justice system operates smoothly and efficiently. By enabling the recommencement of proceedings without having to lay a new information or prefer a new indictment, and by setting a time limit for the recommencement of proceedings, this provision helps to ensure that justice is delivered fairly and efficiently for all Canadians.

STRATEGY

Section 579(2) of the Criminal Code of Canada provides guidance on when proceedings can be stayed and recommenced without the need for a new indictment or information. The section also sets out a limitation period, after which the proceedings are deemed never to have existed. For defense counsel, this section provides a strategic advantage, as it allows the defense to seek a stay of proceedings and protect their clients' rights. At the same time, it also presents challenges for the prosecution, who must carefully consider how to proceed with their case. One strategic consideration for defense counsel is the timing of when to seek a stay. Section 579(2) sets out a time limit for recommencing proceedings after a stay has been entered, so the defense must be mindful of this limitation. If they seek a stay too early, the prosecution may still have time to recommence the proceedings, while if they wait too long, the case may be deemed never to have been commenced. Additionally, the defense must have a valid reason for seeking a stay, such as an abuse of process, a violation of the accused's rights, or a lack of evidence. Another strategic consideration for the defense is how to respond to a notice of recommencement. If the prosecution gives notice of recommencement within the time limit set out in section 579(2), the defense must be prepared to continue their case. Depending on the circumstances, they may need to file additional motions, gather new evidence, or prepare their client to testify. Alternatively, the defense may decide to challenge the recommencement, arguing that the prosecution has no valid reason to continue the case. For the prosecution, the main strategic consideration is whether to give notice of recommencement within the time limit set out in section 579(2). One strategy may be to delay giving notice to gather more evidence or build a stronger case. However, this may also increase the risk of the case being deemed never to have existed if the time limit expires before notice is given. Another strategy may be to give notice early to ensure that the case continues. However, this may also provide the defense with more time to prepare and find weaknesses in the prosecution's case. Overall, section 579(2) of the Criminal Code of Canada presents both opportunities and challenges for both the defense and the prosecution. The strategic considerations outlined above are only a few of the many factors that lawyers must consider when dealing with this section. Ultimately, the decision of whether to seek a stay or recommence proceedings will depend on the specific circumstances of each case, and the goals and objectives of the parties involved.