section 467.2(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section clarifies that the Attorney General of a province can still conduct proceedings and exercise powers for offenses specified in other sections of the Criminal Code.

SECTION WORDING

467.2(2) Subsection (1) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in section 467.11, 467.12 or 467.13 or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

EXPLANATION

Section 467.2(2) of the Criminal Code of Canada is an important provision that clarifies the authority of the Attorney General of a province with respect to certain offences under the Act. This provision specifies that subsection (1) of Section 467.2 does not limit or interfere with the authority of the Attorney General of a province to conduct proceedings or exercise powers in relation to offences under Section 467.11, 467.12, or 467.13 of the Code. Section 467.11 of the Criminal Code deals with conspiracy to commit a terrorism offence, while Section 467.12 addresses instructing someone to carry out a terrorism offence. Section 467.13 deals with participating in or contributing to a terrorist group. These are all serious offences under the Code, and they have significant implications not only for the individuals involved but also for public safety and national security. Given the nature of these offences, it is crucial that the Attorney General of a province have the authority and flexibility to conduct proceedings and use all available tools to prosecute individuals suspected of such offences. This includes the power to initiate investigations, lay charges, and allocate resources to combat terrorism and violent extremism. The Attorney General also has an important role to play in working with national security agencies to gather evidence, assess risks, and protect the public. In conclusion, Section 467.2(2) of the Criminal Code of Canada provides clarity around the powers and duties of the Attorney General of a province in relation to certain terrorism-related offences under the Code. It underscores the importance of effective collaboration and coordination between law enforcement, national security agencies, and the legal system in order to prevent and deter terrorism and protect Canadians from harm.

COMMENTARY

Section 467.2(2) of the Criminal Code of Canada establishes that the Attorney General of a province can conduct proceedings and exercise powers and duties related to offences referred to in sections 467.11, 467.12 or 467.13 of the Act, even if the Attorney General of Canada is also involved in the case. This provision recognizes that both federal and provincial governments have jurisdiction over certain criminal offences related to organized crime and terrorism, and ensures that provincial authorities can respond to specific local needs and priorities. The division of powers between federal and provincial governments is a longstanding feature of Canadian constitutional law, and is particularly relevant to criminal law and administration of justice. Section 91(27) of the Constitution Act, 1867 grants exclusive authority to Parliament to make criminal laws for the country, while section 92(14) gives provinces the power to establish courts of law and administer justice in the province". This division of responsibilities has evolved over time, but generally reflects a balance between national uniformity and local autonomy, and is designed to ensure that the diverse needs and perspectives of Canadians are taken into account. Sections 467.11 to 467.13 of the Criminal Code pertain to criminal organizations and terrorist groups, and provide for various offences that may be committed in association with these entities, such as participating in their activities, recruiting members, directing or instructing others, or providing material support. These offences are generally considered to be serious and complex, and may involve multiple jurisdictions, interests, and legal frameworks. Given their impact on public safety and security, it is not surprising that both federal and provincial authorities may seek to be involved in investigating, prosecuting, and preventing these offences. Section 467.2(2) recognizes this reality, and clarifies that provincial Attorneys General can have a meaningful role in cases involving organized crime or terrorism, despite federal jurisdiction. This provision acknowledges that provincial authorities have their own expertise, resources, and relationships with local communities and stakeholders, and can bring valuable insights and perspectives to complex cases. It also ensures that local priorities and concerns are reflected in the decisions made about the investigation and prosecution of these offences, and that justice is administered in a way that is both effective and accountable. Of course, the coordination of federal and provincial roles and responsibilities in relation to criminal organizations and terrorist groups is not always straightforward. There may be different policies, strategies, and legal interpretations at play, as well as the potential for conflicts or duplication of efforts. In practice, effective teamwork and communication are critical to ensuring that all relevant parties can work together efficiently and respectfully, while respecting the rule of law and due process. Overall, section 467.2(2) is an important provision that recognizes the complexity and diversity of criminal activity related to organized crime and terrorism, and seeks to ensure that both federal and provincial authorities can contribute to addressing these challenges. By respecting the constitutional division of powers, this provision helps to promote a more integrated and effective approach to criminal justice while preserving the autonomy and diversity of Canada's legal system.

STRATEGY

Section 467.2(2) of the Criminal Code of Canada provides the Attorney General of a province with the authority to conduct proceedings in respect of an offence referred to in section 467.11, 467.12 or 467.13 or exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act. This section has significant implications for prosecutors who are dealing with these types of offences. One of the strategic considerations when dealing with this section of the Criminal Code is identifying which offences fall under sections 467.11, 467.12, or 467.13. These sections relate to offences that are associated with terrorist activities, which can involve a range of criminal acts, including financing of terrorism, participation in a terrorist group, and facilitating terrorist activities. Identifying which of these offences are applicable in a particular situation is crucial for prosecutors to determine whether they have authority over the case. Another strategic consideration is assessing whether the nature of the offence aligns with the priorities and mandates of the provincial Attorney General's office. In some cases, the Attorney General may lack the resources or expertise to prosecute a terrorism-related case, and it may be more appropriate for the case to be taken on by federal prosecutors. In these situations, a strategic decision may need to be made regarding whether to refer the case to federal prosecutors or to pursue the case at the provincial level. Another strategy that may be employed when dealing with this section of the Criminal Code is collaboration between federal and provincial prosecutors. Given the complex nature of terrorism-related offences, it is important for prosecutors to work closely with counterparts at the federal level to ensure that cases are handled appropriately and efficiently. This may involve sharing resources, expertise, and information to build a strong case against the accused. Prosecutors may also need to consider the potential backlash and public perception associated with prosecuting terrorism-related cases. In some cases, these types of prosecutions may be viewed as controversial, and there may be concerns about the impact on civil liberties and human rights. Prosecutors may need to be strategic in their approach to these types of cases, providing transparent and clear explanations of their decisions and actions to minimize public scrutiny. In conclusion, section 467.2(2) of the Criminal Code of Canada provides the provincial Attorney General with authority over terrorism-related offences. Strategic considerations when dealing with this section of the Criminal Code include identifying applicable offences, assessing alignment with mandates and priorities, collaborating with federal prosecutors, and considering public perception and backlash. By taking a strategic approach to these cases, prosecutors can ensure that justice is served in an efficient and effective manner.