section 573.2(3)

INTRODUCTION AND BRIEF DESCRIPTION

Subsections 784(2) to (6) will be applied to any proceedings brought under subsection (1) or (2).

SECTION WORDING

573.2(3) Subsections 784(2) to (6) apply in respect of any proceedings brought under subsection (1) or (2).

EXPLANATION

Section 573.2(3) of the Criminal Code of Canada is a provision that states that subsections 784(2) to (6) apply to any proceedings brought under subsection (1) or (2). This provision is relevant in the context of the Criminal Code of Canada because it deals with the issue of victim impact statements in criminal proceedings. Subsections 784(2) to (6) of the Criminal Code of Canada pertain to victim impact statements in criminal proceedings, and provide a framework for how these statements should be prepared, presented and considered by the court. Under section 784(2), a victim impact statement can be prepared by any victim of an offence, including the victim's family members or friends, and can be presented in court by the victim or someone else on the victim's behalf. The purpose of a victim impact statement is to allow victims of crime to have a voice in the criminal justice system, and to provide the court with information about the impact of the crime on the victim and their family. This information can be taken into account by the court when sentencing the offender, and can help to ensure that sentencing decisions are fair and just. Section 573.2(3) clarifies that these provisions on victim impact statements apply to proceedings brought under subsection (1) or (2) of section 573.2 of the Criminal Code of Canada. Subsection (1) pertains to the prosecution of an offence of animal cruelty, while subsection (2) pertains to the bringing of civil proceedings in relation to animal cruelty. By including this provision in the Criminal Code of Canada, the Canadian government is sending a clear message that the voices of victims of animal cruelty are valuable and should be heard in the criminal justice system. It also helps to ensure that animal cruelty offenders are held accountable for their actions, and that the courts have all the information they need to make informed decisions about sentencing.

COMMENTARY

Section 573.2(3) of the Criminal Code of Canada is an essential provision that clarifies the application of Subsections 784(2) to (6) in proceedings brought under Subsection (1) or (2). This section is included in the Criminal Code to provide clear guidance to lawyers, judges, and individuals accused of criminal offenses about the rules that apply to criminal proceedings. Subsection 573.2(1) states that a victim or an authorized representative may make an application to have the court review a decision made by the prosecutor not to proceed with a charge against the accused. Subsection 573.2(2) states that the Attorney General or a prosecutor may also apply to the court to have the court review a decision made by another prosecutor not to proceed with a charge against the accused. Subsections 784(2) to (6) provide the procedures a court should follow when considering an application for a review of a decision not to prosecute. These procedures include the right of the victim or the prosecutor to be represented and to make submissions to the court, and the requirement for the court to consider the interests of justice and any relevant factors when deciding whether to order the charge to be laid. Section 573.2(3) ensures that Subsections 784(2) to (6) apply to all proceedings brought under Subsections (1) or (2). This means that the rules and procedures outlined in Subsections 784(2) to (6) will apply in all cases where an application for a review of a decision not to proceed with a charge is made, regardless of who makes the application. The importance of this provision lies in its ability to promote fairness and consistency in the administration of justice. By making it clear that the procedural rules in Subsections 784(2) to (6) apply in all cases where an application for a review of a decision not to proceed with a charge is made, the provision ensures that everyone involved in the proceedings, including prosecutors, victims, and the accused, are subject to the same rules and that the decision-making process is fair and impartial. From a practical perspective, Section 573.2(3) facilitates the efficient and orderly conduct of proceedings by clarifying the applicable rules at the outset of the process. This, in turn, helps to ensure that proceedings are concluded in a timely and efficient manner, reducing the burden on the court system and allowing all parties involved to move on with their lives. In conclusion, Section 573.2(3) is a necessary provision in the Criminal Code of Canada that promotes fairness, consistency, and efficiency in the administration of justice. Its inclusion ensures that all parties involved in proceedings brought under Subsections (1) or (2) are subject to the same procedural rules, allowing for a fair and impartial decision-making process.

STRATEGY

Section 573.2(3) of the Criminal Code of Canada is a provision that outlines the rules governing proceedings under subsection (1) or (2) of the same section. These subsections establish the power of a court to make an order for the destruction, forfeiture, or other disposition of property that is connected with an offence or an attempt to commit an offence. Strategic considerations when dealing with this section of the Criminal Code of Canada can vary depending on the specific circumstances of the case. However, some general strategies that may be employed include: 1) Building a strong case: To establish a case under Section 573.2, it is important to gather as much evidence as possible. This may involve conducting investigations, gathering witness statements, and obtaining expert opinions. Building a strong case will help to ensure that any proceedings brought are successful. 2) Understanding the factors that a court considers: When determining whether to make an order under Section 573.2, a court will consider factors such as the nature and seriousness of the offence, the value of the property, and any harm that may result from the disposition of the property. Understanding these factors can help to inform the approach taken in any discussions with the court. 3) Negotiating a settlement: In some cases, it may be possible to negotiate a settlement that avoids the need for court proceedings. This could involve agreeing to a disposition of the property that is acceptable to all parties, or agreeing to make restitution in lieu of the property's disposition. 4) Seeking legal advice: Given the complex legal issues involved in proceedings under Section 573.2, seeking legal advice is often recommended. A lawyer can help to navigate the legal system, assess the strength of a case, and provide advice on the best approach to take. 5) Understanding the potential consequences: The consequences of proceedings under Section 573.2 can be significant. Depending on the circumstances, an order for the disposition of property could result in the loss of valuable assets. It is important to understand the potential consequences of any proceedings brought under this section of the Criminal Code. In conclusion, strategic considerations when dealing with Section 573.2 of the Criminal Code of Canada involve building a strong case, understanding the factors that a court considers, negotiating a settlement, seeking legal advice, and understanding the potential consequences. Employing these strategies can help to ensure a successful outcome in any proceedings brought under this section.