INTRODUCTION AND BRIEF DESCRIPTION
The Attorney General can order a stay of legal proceedings before judgment, resulting in a vacating of any related recognizances.
SECTION WORDING
579(1) The Attorney General or counsel instructed by him for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by his direction, and such entry shall be made forthwith thereafter, whereupon the proceedings shall be stayed accordingly and any recognizance relating to the proceedings is vacated.
EXPLANATION
Section 579(1) of the Criminal Code of Canada provides the Attorney General or counsel instructed by him with the discretion to request a stay of proceedings in any criminal case at any time after charges have been laid and before the verdict is reached. This means that the proceedings in the case are suspended or temporarily stopped as ordered by the Attorney General. A stay of proceedings can be initiated for various reasons, such as to protect the accused's rights or if there is new evidence that could change the direction of the case. In some instances, a stay of proceedings may also be requested to prevent the prosecution from proceeding with a case that has little chance of success in court or if the likelihood of securing a conviction is minimal. Once the Attorney General or counsel has directed the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed, all actions related to the case must be suspended. The stay of proceedings will remain in effect until the Attorney General or counsel instructs the court that the stay should be lifted or removed. In essence, Section 579(1) of the Criminal Code of Canada provides a legal mechanism for courts to protect the rights of the accused, ensure fairness in criminal trials, and prevent miscarriages of justice. It also provides a process for prosecutors to reassess their position and to ensure that they are not pursuing cases that lack legal merit or where the likelihood of conviction is low.
COMMENTARY
Section 579(1) of the Criminal Code of Canada provides a powerful tool to the Attorney General or counsel instructed by him for the purpose of staying proceedings against an accused or a defendant. This section grants the Attorney General a discretionary power to intervene at any point of the proceedings and direct the clerk or other officer of the court to make an entry on the record that the proceedings are stayed by his direction, leading to an immediate halt of the proceedings, and the vacating of any recognizance related to the proceedings. The purpose of this provision is to provide the Attorney General with the power to intervene in proceedings that are deemed to be not in the public interest. The power to stay proceedings is discretionary, and the Attorney General must exercise his power reasonably and in good faith. The section serves as a protection against abuse of the legal system, as it enables the Attorney General to intervene in situations where prosecution or defense may be against the public interest. This allows for the discretion to apply when there is a lack of sufficient evidence to support a prosecution or defense, or where there is a conflict of evidence that makes it unclear which party is telling the truth. The provision also protects the interests of the accused or defendant, as it provides them with an opportunity to have the charges against them dismissed. The section ensures that once the proceedings have been stayed, they cannot be re-opened without the Attorney General's approval. The provision has been used in several high-profile cases in Canada. For example, in 2015, the Attorney General of Quebec used this provision to stay proceedings against a former Montreal mayoral candidate who faced charges of fraud, corruption, and breach of trust. The decision to stay the proceedings was based on a lack of clear evidence to support the case against the accused. In conclusion, section 579(1) of the Criminal Code of Canada provides the Attorney General with a discretionary power to stay proceedings against an accused or a defendant. This provision protects the public interest by preventing abuse of the legal system and ensures that proceedings not deemed in the interest of justice can be halted. It also serves to protect the rights of the accused or defendant by providing them with an opportunity to have unjust charges against them dismissed.
STRATEGY
Section 579(1) of the Criminal Code of Canada allows the Attorney General or his appointed counsel to direct the clerk or other court officer to make an entry on the record that the proceedings are stayed by his direction. This provision gives the Attorney General the power to halt criminal proceedings before they reach a judgment stage. In terms of strategic considerations, the Attorney General must assess whether it is in the public interest to stay the proceedings. This decision will often be made on the basis of the available evidence, the merits of the case, and the potential impact of a conviction on the accused and the wider community. One strategy that could be employed by the Attorney General is to seek a stay of proceedings in cases where there is insufficient evidence to support a conviction. This can help to avoid a costly and time-consuming trial that is unlikely to result in a successful outcome. Another strategy that could be employed is to seek a stay of proceedings in cases where there are significant public interest issues at play. For example, if the accused is a key witness in another ongoing investigation, it may be in the public interest to stay the proceedings in order to ensure that the witness is available to testify in the other case. The timing of the decision to stay the proceedings is another important strategic consideration. In some cases, the Attorney General may choose to wait until the court proceedings are well underway before seeking a stay. This approach can allow the prosecution to gather additional evidence or assess the strength of their case before making a decision on whether to stay the proceedings. Finally, the decision to stay proceedings should be made in consultation with all relevant stakeholders, including law enforcement agencies, victim advocates, and the accused themselves. Where possible, the Attorney General should seek to balance the interests of these different parties to arrive at a decision that is fair and just. In conclusion, Section 579(1) of the Criminal Code of Canada provides a powerful tool for the Attorney General to stay criminal proceedings before they reach a judgment stage. By carefully considering the available evidence, public interest concerns, and the perspectives of all relevant stakeholders, the Attorney General can use this provision to make strategic decisions that promote the public interest and ensure that justice is done.