section 786(2)

INTRODUCTION AND BRIEF DESCRIPTION

Legal proceedings can only be initiated within six months of when the subject matter of the proceedings occurred unless both the prosecutor and defendant agree otherwise.

SECTION WORDING

786(2) No proceedings shall be instituted more than six months after the time when the subject-matter of the proceedings arose, unless the prosecutor and the defendant so agree.

EXPLANATION

Section 786(2) of the Criminal Code of Canada sets forth a statute of limitations on criminal proceedings. Essentially, this means that any legal action against an individual accused of a crime must be brought within six months of the alleged offense. After that time period has elapsed, the courts no longer have jurisdiction to hear the case. There are a few exceptions to this rule. If the prosecutor and the defendant agree to extend the statute of limitations, legal action can be taken beyond the six-month timeframe. Additionally, if the accused was absent from Canada or otherwise evaded justice during the six-month period, the clock may be stopped and proceedings may be initiated upon their return or apprehension. This statute of limitations serves a few important purposes. Firstly, it ensures that legal actions are taken in a timely manner, preventing situations where evidence may have deteriorated or been lost. Additionally, it provides some measure of certainty and closure for the accused. After six months, they will know whether or not they will face legal consequences for their actions. Overall, Section 786(2) is an important provision of the Criminal Code of Canada that establishes an important limit on how long legal actions may be pursued. Strict adherence to this statute of limitations helps to ensure that justice is served fairly and efficiently.

COMMENTARY

Section 786(2) of the Criminal Code of Canada establishes a limitation period for the prosecution of certain offences. Specifically, it provides that no proceedings shall be instituted more than six months after the time when the subject matter of the proceedings arose, except in cases where the prosecutor and the defendant agree to extend the time limit. The purpose of this limitation period is to balance the need for justice with the rights of the accused, who may face difficulties in mounting a defense if too much time has passed since the alleged offence. The principle of fairness dictates that individuals should not be subjected to the prospect of criminal charges hanging over their heads indefinitely. It is worth noting that this limitation period applies only to summary conviction offenses, which are generally less serious than indictable offenses. Summary conviction offences include things like minor assaults, mischief, and theft under $5,000, while indictable offences include more serious crimes like murder, sexual assault, and drug trafficking. For indictable offences, there is no limitation period, meaning that charges can be laid at any time after the alleged offence occurred. The rationale for this distinction is that indictable offences are generally considered much more serious in nature and involve more significant harm to society than summary conviction offences. As such, they warrant a more robust and intensive prosecution process that is not necessarily constrained by time limitations. There are some exceptions to the six-month limitation period for summary conviction offences. For example, if the delay in laying charges was caused by factors outside of the control of the prosecution, such as a witness being unavailable or evidence being discovered later on, the limitation period may be extended. Additionally, if the accused person was outside of Canada, the limitation period may also be extended. The importance of limitation periods in criminal law cannot be overstated. They play a critical role in ensuring that individuals are not unfairly burdened with the prospect of criminal charges indefinitely hanging over their heads. At the same time, however, they must be balanced against the need for justice to be served and the rights of victims to see wrongs redressed. It is worth noting that, while the six-month limitation period is a strict rule, prosecutors and defense lawyers are often able to find creative ways to work within it or to agree on an extension of the limitation period if necessary. However, as with any aspect of criminal law, the best way to ensure that your rights and interests are fully and fairly protected is to work with an experienced criminal defense lawyer who can guide you through the complexities of the law and help you achieve the best possible outcome.

STRATEGY

Section 786(2) of the Criminal Code of Canada lays out an important limitation on the ability of the Crown to initiate criminal proceedings. This section states that a prosecution cannot be instituted more than six months after the subject-matter of the proceedings arose, except where the prosecutor and defendant agree to waive the time limit. This section was introduced to promote the timely initiation of proceedings, prevent the use of stale evidence, and ensure that defendants are not subjected to unreasonable delays. There are several strategic considerations that need to be taken into account when dealing with this section of the Criminal Code of Canada. Here are a few: 1. Time-sensitive cases: Section 786(2) applies to all criminal offences, regardless of the severity of the offence. However, some offences may be more time-sensitive than others. For instance, some types of fraud or financial crimes may require immediate action to obstruct further harm or loss. In these cases, it may be necessary to initiate proceedings quickly before the six-month limitation period expires. 2. Gathering evidence: If the Crown has not yet gathered all the evidence needed to support a prosecution, it may be necessary to consider delaying the initiation of proceedings until all the evidence is in hand. This can be particularly relevant in complex cases, where multiple parties, documents, or sources of information may need to be considered. However, waiting too long to initiate proceedings can be risky, as it can increase the likelihood that evidence may be lost or become stale. 3. Defence strategy: Defence counsel must also consider the six-month limit, and how it may affect their strategy. In some cases, it may be advisable to delay proceedings in order to give the defendant more time to prepare their defence. Alternatively, defence counsel may be motivated to press for a quick resolution of the case, in order to avoid the potential impact of a lengthy, drawn-out prosecution. 4. Negotiating waivers: Finally, prosecutors and defence counsel may engage in negotiations around waiving the six-month limitation period. Prosecutors may be inclined to offer an agreement to waive the time limit in exchange for a guilty plea or other concessions by the defendant. Defence counsel may want to secure a waiver as a way of gaining tactical advantages, such as more time to prepare a defence, or to better evaluate the strength of the Crown's case. Overall, the timing of the initiation of criminal proceedings is an important strategic consideration for all parties involved in a criminal case. The six-month limitation period set out in Section 786(2) of the Criminal Code of Canada provides a clear framework for when a prosecution can be initiated, but there are always exceptions and nuances that need to be considered on a case-by-case basis. By carefully assessing their options and considering the implications of initiating proceedings sooner or later, counsel can help ensure that the interests of their clients are best served.