Criminal Code of Canada - section 839(5) - Right of Attorney General of Canada to appeal

section 839(5)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General of Canada has the same appeal rights as a provincial attorney general in cases initiated and conducted by the government.

SECTION WORDING

839(5) The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part.

EXPLANATION

Section 839(5) of the Criminal Code of Canada sets out the rights of the Attorney General of Canada in relation to appeals of criminal proceedings initiated by the government of Canada and conducted by or on behalf of that government. Essentially, this section grants the Attorney General of Canada the same appeal rights as the Attorney General of a province in such cases. Under Canada's criminal justice system, the Attorney General is responsible for prosecuting criminal offences and protecting the public interest in the administration of justice. In cases where the government of Canada is the victim of an offence or where the Crown has brought charges against an individual on behalf of the federal government, the Attorney General of Canada may pursue an appeal where they believe the initial verdict or sentence was in error. This provision in the Criminal Code recognizes the Attorney General of Canada as a distinct entity with unique powers and responsibilities when it comes to criminal proceedings. By granting the same appeal rights to the Attorney General of Canada as those given to provincial Attorneys General, this section ensures that the federal government has access to the same mechanisms of appeal and judicial review as the provinces when it comes to criminal proceedings. Overall, section 839(5) of the Criminal Code reinforces the importance of the Attorney General of Canada in the country's criminal justice system and underscores the equality of the federal government with the provinces. It serves to ensure that all parties to a criminal proceeding are afforded the same legal rights and protections, regardless of the level of government involved.

COMMENTARY

Section 839(5) of the Criminal Code of Canada confers upon the Attorney General of Canada the same rights of appeal with respect to criminal proceedings instituted by the Government of Canada, as the Attorney General of a province enjoys under the Criminal Code of Canada. This section essentially ensures that both the federal level of government and the provincial levels of government are equal before the law, with the power of appeal. The purpose of this provision is to establish that the prosecution's appeal rights are not limited based on the level of government that has instituted the proceeding. This provision is particularly significant since it underscores the significance of appeals in the administration of the criminal justice system. Appeals serve a vital role in ensuring that the judicial process is fair, by examining and correcting errors and safeguarding the rights of the accused. Appeals by both the provincial and federal governments are critical in guaranteeing the assessment of possible mistakes in court decisions. Often, the government is a plaintiff in criminal proceedings, particularly those involving significant or widely debated crimes. In these cases, appeals can be vital, to make sure that the proceedings were fair, and the results were just. Furthermore, this provision can be seen as a reflection of Canada's federal system of government. The criminal justice system, by and large, usually operates at the level of the provinces. This means that most of the criminal prosecutions are done at the provincial level, and as a result, the Attorney General of each province has significant authority when it comes to the criminal justice system. However, the federal government has a critical role in the criminal justice system and can institute criminal proceedings against individuals or corporations that have engaged in crimes of national importance or have contravened federal laws and legislation. Section 839 makes sure that the Attorney General of Canada has the same rights of appeal as her provincial counterparts, allowing the federal government to have a level playing field, and to ensure that justice is delivered equally and fairly across the entire country. In conclusion, section 839(5) of the Criminal Code of Canada guarantees that the Attorney General of Canada has the necessary appeal rights when it comes to criminal proceedings. This provision is essential in the fair administration of justice, in the protection of human rights and, generally, the rule of law. By allowing both levels of government to appeal decisions and judgments made in criminal cases, this section ensures fairness and consistency in the criminal justice system throughout Canada.

STRATEGY

Section 839(5) of the Criminal Code of Canada grants the Attorney General of Canada the same appeals rights as the Attorney General of a province in proceedings initiated by or on behalf of the Government of Canada. This provision is of significant importance for the justice system in Canada as it enables the Crown to appeal an adverse judgment in criminal proceedings, which may have significant implications for the wider legal system. In this paper, we will discuss some of the strategic considerations that arise when dealing with section 839(5) of the Criminal Code of Canada and offer some strategies that could be employed by the Attorney General of Canada or other parties who may be affected by an appeal. One of the first considerations when dealing with section 839(5) is the nature of the case. Generally, the Crown may appeal in criminal cases on questions of law or mixed fact and law but not on pure questions of fact. Therefore, it is crucial to assess whether the appeal has a reasonable prospect of success based on the legal grounds before initiating the appeal. In some cases, it may be advantageous to file a notice of appeal purely for strategic purposes, such as to delay the enforcement of a judgment that is unfavourable to the Crown. However, such an approach may create negative public perceptions and does not promote the administration of justice. Another strategic consideration when dealing with section 839(5) is the timing of the appeal. The Crown has a limited period within which it can file a notice of appeal. The time limit for filing an appeal is thirty days after the date of acquittal or imposition of sentence. The time limit may be extended in exceptional cases with leave of the court, but such an extension is granted only in limited circumstances. Therefore, it is important to act promptly when considering an appeal. Another factor to consider when dealing with section 839(5) is the impact of the appeal on the administration of justice. An appeal by the Crown may have significant implications for the accused person and other stakeholders such as victims, witnesses, and communities. An appeal may also create uncertainty and delay in the resolution of a case. Therefore, it is important to weigh the benefits and costs of an appeal carefully. For instance, filing an appeal solely to vindicate the Crown may not always be in the best interests of the administration of justice. On the other hand, declining to appeal an adverse verdict that could set a harmful precedent or undermine public confidence in the justice system may not be desirable. Another important strategic consideration when dealing with section 839(5) is the potential impact of the appeal on the relationship between the Crown and other agencies or stakeholders. For example, an appeal against a judgment of a trial court may create tensions with the judiciary or lower-level prosecutors who were directly involved in the case. Therefore, it is important to consult with relevant stakeholders before initiating an appeal and to address any concerns that may arise during the appeal process. In conclusion, section 839(5) is an important provision of the Criminal Code of Canada that grants the Attorney General of Canada the same appeals rights as the Attorney General of a province in proceedings initiated by or on behalf of the Government of Canada. When dealing with this provision, several strategic considerations arise, such as the nature and timing of the appeal, the impact of the appeal on the administration of justice, the potential impact on relationships with stakeholders, and the benefits and costs of an appeal. By carefully weighing these considerations, the Attorney General of Canada or other parties affected by an appeal can make informed decisions on whether or not to initiate an appeal and how best to conduct the appeal process.