INTRODUCTION AND BRIEF DESCRIPTION

Non-Canadian citizens cannot have court proceedings continued without the consent of the Attorney General of Canada within eight days of commencement.

SECTION WORDING

7(7) If the accused is not a Canadian citizen, no proceedings in respect of which courts have jurisdiction by virtue of this section shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

EXPLANATION

Section 7(7) of the Criminal Code of Canada is a provision that sets out a requirement for non-citizen accused individuals who face criminal charges in Canada. This section mandates that if the accused is not a Canadian citizen, the criminal proceedings in which courts have jurisdiction cannot be continued until the consent of the Attorney General of Canada is obtained. This requirement is critical because it ensures that foreign nationals facing criminal charges in Canada are accorded fair treatment and, their Charter rights are protected. The provision allows the Attorney General of Canada to evaluate the risk posed by allowing the accused to remain in Canada, which helps determine whether they should face criminal proceedings or be removed from the country. In situations where the accused is deemed to pose a threat to Canadian society, the Attorney General may decline to give consent for their prosecution and arrange for their deportation from Canada. Section 7(7) is also a vital aspect of Canada's international relations as it affirms the country's commitment to respect the territorial jurisdiction of other countries. This provision guarantees that Canada does not interfere with the legal processes of other countries by prosecuting non-citizen accused individuals who are subject to the jurisdiction of foreign courts. In conclusion, Section 7(7) of the Criminal Code of Canada is a crucial provision that protects the rights of non-citizen accused individuals while maintaining the integrity of Canada's legal system and international obligations. This requirement ensures that accused individuals are accorded fair treatment and that Canada does not interfere with the legal jurisdiction of other countries.

COMMENTARY

Section 7(7) of the Criminal Code of Canada deals with the jurisdiction of Canadian courts over non-Canadian citizens who have been accused of committing criminal offenses within Canada. According to this section, if the accused is not a Canadian citizen, the proceedings against them cannot be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the commencement of proceedings. This provision is significant as it places a check on the power of Canadian courts to prosecute non-Canadian citizens for criminal offenses. It recognizes the fact that non-citizens have rights and that their cases require a different level of scrutiny than the cases of Canadian citizens. Thus, obtaining the consent of the Attorney General is a way to ensure that the accused's rights are protected and that their case is given proper consideration before the proceedings continue. The provision also puts the onus on the prosecution to seek the consent of the Attorney General within a specific timeframe. This requirement ensures that the accused is not kept in limbo for an indefinite period and that justice is served swiftly. Additionally, it places a measure of accountability on the prosecution, who must justify why the proceedings should continue, and provides an opportunity for the defense to challenge the prosecution's arguments. However, some critics argue that this provision gives the Attorney General too much power over non-Canadian citizens, and that it can be used to unfairly target certain groups of people. For instance, the provision does not specify what criteria the Attorney General should consider when granting or denying consent, which potentially leaves too much room for discretion and bias. Furthermore, obtaining consent within eight days may be challenging, especially in cases that involve complex legal issues or where expert witnesses are required. This time limit can also be problematic if the Attorney General's office is understaffed or if there is a backlog of cases. Overall, Section 7(7) of the Criminal Code of Canada recognizes the special status of non-Canadian citizens and seeks to ensure that their rights are protected during criminal proceedings. However, it also highlights the need for clearer guidelines regarding when consent should be granted and how the process should be expedited to ensure timely justice for all.

STRATEGY

Section 7(7) of the Criminal Code of Canada lays out the condition that non-Canadian citizens cannot be proceeded against without the Attorney General's consent within eight days of the proceedings. This is intended to provide a legal safeguard to non-Canadians who may not fully understand the legal system, language, or customs of Canada and may require time to obtain legal counsel or assistance. Strategic considerations when dealing with this section of the Criminal Code can be critical for both the prosecutor and the defense. For instance, if this section is not considered, it could lead to the case being dismissed or overturned at a later stage of the proceedings. Some of the strategic considerations that can guide the defense or the prosecutor when dealing with section 7(7) of the Criminal Code are: 1. Timelines: One of the primary considerations is the timeline for obtaining the Attorney General's consent. The eight-day window under this section is a strict time limit, and it is important to make every effort to meet this deadline. 2. Language barriers: In cases where non-Canadian citizens are involved, there may be language barriers. Local legal experts who are fluent in the non-Canadian citizen's language should be consulted to speed up the process of obtaining the Attorney General's consent. 3. Political considerations: Because the Attorney General of Canada is a political appointment, there may be political considerations that affect the decision to grant consent. A sound knowledge of the political climate and the decision-making process within the Attorney General's office can help inform the legal team's strategy. 4. Risk assessment: The charges and the potential outcome of the case should be weighed against the possibility of obtaining or not obtaining the Attorney General's consent. For instance, if the charges are serious and the likelihood of a successful prosecution is high, it may be worth the effort of seeking consent. Based on these strategic considerations, some strategies that can be employed by the legal team in dealing with section 7(7) of the Criminal Code are: 1. Promptly consult with the local legal experts: As soon as the accused's non-Canadian citizenship status is discovered, the defense or the prosecutor's legal team should consult with local legal experts who are fluent in the accused's language. 2. Prepare a detailed submission: Depending on the pros and cons of the case, the legal team should prepare a persuasive submission detailing why the Attorney General should grant or deny consent. 3. Use political connections: When dealing with politically sensitive cases, it may be useful to leverage political connections to influence the decision-making process. 4. Be Creative: Get creative with legal strategy. For instance, the legal team may be able to use pre-trial hearings or other legal processes to delay the commencement of the trial while seeking consent from the Attorney General. In conclusion, section 7(7) of the Criminal Code can pose a significant challenge for both the prosecutor and the defense. However, with strategic considerations and employing the right strategies, both parties can navigate this aspect of the law successfully.

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