INTRODUCTION AND BRIEF DESCRIPTION
The applicant must serve notice to the Attorney General of an application and hearing at least 15 days in advance.
SECTION WORDING
164.3(3) At least fifteen days before the hearing, the applicant shall cause notice of the application and of the hearing day to be served on the Attorney General.
EXPLANATION
Section 164.3(3) of the Criminal Code of Canada outlines the responsibility of an applicant seeking an order for the forfeiture of property under the Civil Remedies Act. This section mandates that the applicant must serve notice of their application and the hearing date on the Attorney General at least fifteen days prior to the hearing. Failure to comply with this requirement can result in a dismissal of the application. The purpose of this provision is to ensure that the Attorney General, who represents the government's interests, is provided with adequate notice of the proceedings and has an opportunity to participate in the hearing if they so choose. This allows the government to protect its interests in relation to the property in question and to contest the forfeiture order if necessary. Overall, Section 164.3(3) ensures a fair and transparent process for forfeiture proceedings under the Civil Remedies Act by requiring adequate notice to be provided to all parties involved.
COMMENTARY
The Canadian Criminal Code is a comprehensive body of laws that cover various criminal offences and punishments. One particular section of the Criminal Code that deserves further scrutiny is Section 164.3(3), which pertains to the service of notice of application and hearing day in cases involving publication bans. Section 164.3(3) states that At least fifteen days before the hearing, the applicant shall cause notice of the application and of the hearing day to be served on the Attorney General." This means that individuals who are seeking a publication ban on their court proceedings must inform the Attorney General of their application and the date and time of the hearing by serving them with proper notice at least 15 days in advance. The provision serves an important purpose in the administration of justice. It ensures that the Attorney General, who represents the public interest, is aware of the application for a publication ban and is given the opportunity to be heard on the matter. This provides a safeguard against the potential for abuse of the publication ban provision, which could be used to conceal or obscure matters that are in the public interest, such as details of a criminal trial or any other case heard in court. The requirement for serving notice on the Attorney General also promotes transparency and ensures that there is accountability in the administration of justice. The notice provides an opportunity for the Attorney General to conduct a review of the case and to determine whether there are any matters that are in the public interest that need to be disclosed. In cases where the Attorney General opposes the application for a publication ban, they can participate in the hearing and argue their case before the court. Moreover, the requirement for serving notice on the Attorney General ensures that the court is fully informed of all relevant information related to the case. This facilitates the court's ability to make a well-informed decision that is in the best interest of the public and upholds the principles of justice. In summary, Section 164.3(3) of the Criminal Code of Canada is an important provision that promotes transparency, accountability, and fairness in the administration of justice. By requiring notice of an application for a publication ban and the hearing day to be served on the Attorney General, the provision ensures that the public interest is represented and that the court has all the relevant information necessary to make a well-informed decision.
STRATEGY
Section 164.3(3) of the Criminal Code of Canada outlines the requirement for an applicant to serve notice to the Attorney General of an application and hearing date at least fifteen days prior to the hearing. This section is critical for parties seeking an application for an order to remove or destroy graphic or violent material, such as child pornography, from the internet. Several strategic considerations and strategies can be employed when dealing with this section of the Criminal Code of Canada to effectively navigate the legal process. One crucial consideration is the timing of the notice. The notice must be served at least fifteen days before the hearing date to allow the Attorney General adequate time to prepare their case. The applicant must, therefore, ensure they serve the notice in a timely manner to avoid delays in the proceedings. It is advisable to serve the notice well in advance to ensure that any issues or problems with the notice's contents can be addressed and rectified before the hearing date. Another strategic consideration is the service of the notice. The notice must be properly served on the Attorney General and should be done in the most effective and efficient manner. One strategy is to serve the notice in person to ensure it is delivered safely and effectively. Alternatively, the notice can be served through email, fax, or registered mail to provide a record of the service. Whichever method is used, the applicant must ensure that the notice has been correctly sent to avoid procedural issues that may arise later on. The content of the notice is also an important consideration when dealing with section 164.3(3) of the Criminal Code of Canada. The notice must contain specific information, including the applicant's name and address, the name of the internet service provider, a description of the graphic or violent material, and the proposed time and place of the hearing. Therefore, it is crucial to ensure that the notice contains all the necessary information and that it is clearly and concisely written, making it easy for the Attorney General to understand the proposed application. Finally, it is essential to consider the tone of the notice. It should be written professionally and with a respectful tone. The notice should not contain inflammatory language or personal attacks against the Attorney General, as that can create tension and hostility. Instead, the notice should be civil, concise, and informative. In conclusion, Section 164.3(3) of the Criminal Code of Canada requires an applicant to serve notice to the Attorney General at least fifteen days before the hearing date. The successful navigation of this legal process involves several strategic considerations, including the timing and service of the notice, the content of the notice, and the tone of the communication. Employing these strategic considerations can ensure that the applicant's application is processed efficiently and effectively.