Criminal Code of Canada - section 196.1(2) - Extension of period for notification

section 196.1(2)

INTRODUCTION AND BRIEF DESCRIPTION

The 90-day period for certain criminal proceedings is suspended until any extension requested by the Attorney General or Minister is heard and disposed of by a judge.

SECTION WORDING

196.1(2) The running of the 90-day period or of any extension granted under subsection (3) or (5) is suspended until any application made by the Attorney General of the province or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period has been heard and disposed of.

EXPLANATION

Section 196.1(2) of the Criminal Code of Canada is a provision that relates to the time limit for the trial of accused persons who are being detained in custody. Under this section, the running of the 90-day period or any extension thereof, during which an accused person must be brought to trial or released from custody, is suspended until any application made by the Attorney General of the province or the Minister to a judge of a superior court of criminal jurisdiction or a judge defined in section 552 for an extension or a subsequent extension of the period has been heard and disposed of. The purpose of this provision is to ensure that the accused person's right to a timely trial is not prejudiced by delays that may arise due to applications for an extension of the time period. It gives the Attorney General or Minister the option of seeking an extension of the time limit for the trial of an accused person in custody, but at the same time requires that such applications be dealt with promptly by the court. The provision also highlights the importance of avoiding long delays in bringing accused persons to trial, as this can lead to a violation of their right to a fair trial within a reasonable time. It provides a balance between the interests of the accused person and the interests of the justice system, by allowing for an extension of the time period when necessary, but at the same time requiring that such extensions are granted only for good reason and with a view to ensuring a fair trial for the accused.

COMMENTARY

Section 196.1(2) of the Criminal Code of Canada is an essential provision in ensuring that the rights of all Canadians are protected when it comes to detention and release while awaiting trial. The provision outlines the process by which the Attorney General or the Minister may apply to a judge of a superior court of criminal jurisdiction for an extension of the 90-day period allowed for detention before trial. The section also specifies that the running of the 90 days is suspended until the application has been heard and disposed of, indicating that detainees will not be kept in custody for an indefinite period. The purpose of Section 196.1(2) of the Criminal Code of Canada is to ensure that the well-established principle of the presumption of innocence is respected. This principle holds that an accused person is innocent until proven guilty and should not be subjected to prolonged detention without trial. The 90-day period allowed for detention is intended to provide sufficient time for the police to conduct investigations into the alleged offence and for the Crown to prepare the case for trial. The section also requires that the accused's detention must be regularly reviewed by the courts to ensure that it is still justified. However, in some cases, the Crown may require more time to gather evidence or complete their investigations. In such situations, the Attorney General or Minister may apply to a judge of a superior court of criminal jurisdiction for an extension of the 90-day period. The judge hearing the application must be satisfied that such an extension is necessary, having regard to the nature and complexity of the case, and that the detention is not being used simply as a means of punishment in advance of the trial. It is important to note that Section 196.1(2) of the Criminal Code of Canada exists to ensure that the rights of detainees are protected while still enabling the authorities to conduct investigations into allegations of criminal activity. In cases where the Crown cannot establish that the detention of an accused person is necessary, they may be granted bail, provided they meet certain conditions designed to ensure that they will appear in court when required to do so. Bail is granted based on the principle that an accused person is entitled to be released from detention unless there are good grounds to believe that they will abscond or commit another offence while on bail. In conclusion, Section 196.1(2) of the Criminal Code of Canada is an important safeguard for those who are detained while awaiting trial. It ensures that the basic principles of justice are respected, including the right to a fair trial, the presumption of innocence, and the right to liberty. It also ensures that the detention of an accused person is not arbitrary or disproportionate to the alleged offence. Overall, Section 196.1(2) is a key provision in the Criminal Code of Canada that helps to protect the rights of accused persons while allowing authorities to conduct investigations and prepare for trial in a fair and just manner.

STRATEGY

Section 196.1(2) of the Criminal Code of Canada is an important provision for ensuring that the rights to a timely trial and a fair hearing are upheld for both the accused and the prosecution. This section states that the 90-day period for trial readiness, or any extension granted under subsection (3) or (5), is suspended until any application made by the Attorney General of the province or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period has been heard and disposed of. This means that an application for an extension of time can effectively stop the clock on the 90-day period for trial readiness, which can have significant implications for both the accused and the prosecution. For the accused, the suspension of the 90-day period can mean a prolonged period of uncertainty, as they may remain in custody or face restrictions on their liberty for a longer period of time. This can cause significant distress and hardship for the accused and their family members, as well as adding to the burden on the court system. For the prosecution, delays in bringing a case to trial can result in difficulties in securing evidence, locating witnesses, and maintaining the integrity of the case. It can also increase the cost and complexity of preparing and presenting evidence in court. Given these considerations, there are several strategic approaches that lawyers and parties involved in criminal cases may consider when dealing with Section 196.1(2). One strategy might be to proactively seek an extension before the 90-day period expires, in order to avoid running up against the deadline and potentially facing a stay of proceedings. This can be particularly important in complex or high-profile cases where there may be significant challenges in securing evidence or locating witnesses. Another strategy might be to challenge any extension applications made by the prosecution, arguing that they are not justified by the circumstances of the case. This could involve presenting evidence to the court that demonstrates that the prosecution has failed to take reasonable steps to move the case forward within the allotted timeframe, or that the extension is being sought for tactical reasons rather than genuine concerns about the readiness of the case for trial. In some cases, it may also be possible to argue that the delay in bringing the case to trial is causing significant prejudice to the accused, such as by interfering with their ability to mount a defence or causing undue psychological stress. Ultimately, the approach taken in any given case will depend on a range of factors, including the complexity of the case, the evidence available, and the attitudes and priorities of the parties involved. However, the importance of preserving the rights to a fair and timely trial cannot be overstated, and lawyers and parties involved in criminal cases should be vigilant in enforcing these rights and avoiding unnecessary delays wherever possible.