INTRODUCTION AND BRIEF DESCRIPTION
This section clarifies that in certain instances, the Attorney General of Canada should be referred to instead of the Attorney General of a province.
SECTION WORDING
672.1(2) For the purposes of subsections 672.5(3) and (5), paragraph 672.86(1)(b) and subsections 672.86(2) and (2.1), 672.88(2) and 672.89(2), in respect of a territory or proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government, a reference to the Attorney General of a province shall be read as a reference to the Attorney General of Canada.
EXPLANATION
The Criminal Code of Canada is a set of laws that governs criminal conduct in the country. Within this Code, there are various provisions that pertain to the prosecution and sentencing of individuals who are found guilty of criminal offences. One such provision is Section 672.1(2), which pertains to the role and responsibilities of the Attorney General in relation to certain criminal proceedings. Specifically, Section 672.1(2) outlines how references to the Attorney General of a province should be interpreted in the context of certain criminal proceedings that are initiated by the Government of Canada. This includes proceedings that are conducted by or on behalf of the federal government, as well as those that pertain to territories that are within federal jurisdiction. According to Section 672.1(2), references to the Attorney General of a province in these types of proceedings should be read as a reference to the Attorney General of Canada. This means that the federal Attorney General is responsible for overseeing and prosecuting these cases, rather than the Attorney General of an individual province. This provision is important because it helps to clarify the roles and responsibilities of the different levels of government when it comes to criminal proceedings that fall within federal jurisdiction. By ensuring that the federal Attorney General is responsible for certain types of cases, it helps to ensure that these cases are prosecuted in a consistent and effective manner across the country. Overall, Section 672.1(2) is an important provision within the Criminal Code of Canada that helps to ensure that the federal government can effectively carry out its responsibilities when it comes to the prosecution and sentencing of criminal offenders in the country.
COMMENTARY
Section 672.1(2) of the Criminal Code of Canada is a complex legal provision that has a significant impact on the criminal justice system in Canada, particularly with respect to its territorial jurisdiction. This section defines the Attorney General of Canada's role in criminal proceedings that are conducted at the instance of the Government of Canada. The provision explains that when a criminal proceeding is initiated by the federal government, i.e., in the context of the Criminal Code of Canada, or in proceedings commenced under federal law, the Attorney General of Canada assumes the role of the Attorney General of the province with respect to the matter. Essentially, the provision seeks to ensure that the Attorney General of Canada can intervene in any proceedings started by the federal government, irrespective of their territorial jurisdiction, to ensure that the interests of the federal government are adequately represented. The purpose of this section is clear: to provide clarity and consistency in legal proceedings involving the federal government. As such, the provision is an integral part of the Canadian criminal justice system as it defines the Attorney General's role in criminal proceedings that are conducted by, or on behalf of, the federal government. Many criminal cases involve multiple levels of government, particularly in situations where the case implicates both federal and provincial law. In such instances, it can be challenging to determine which Attorney General should represent the government's interest. This can lead to confusion, unnecessary delays, or even flawed decision-making. The provision's introduction has therefore been a crucial development in avoiding such confusion by providing clarity in jurisdiction to avoid overlapping responsibilities. While this provision may seem technical, it has significant implications in practice. A prominent example is the federal government's recent attempts to address systemic racism in the criminal justice system. Under this provision, the Attorney General of Canada could intervene in any proceedings commenced by the federal government relating to addressing the need for addressing systemic racism in the criminal justice system. Furthermore, the Attorney General of Canada could intervene in provincial criminal proceedings if systemic racism is an issue that is affecting the fair trial rights of accused persons. In conclusion, Section 672.1(2) is a critical provision in the Canadian criminal justice system that provides clarity regarding jurisdiction and ensures that the federal government's interests are adequately represented in criminal proceedings. Its introduction has been essential in reducing unnecessary confusion, preventing delays and ensuring that decisions about cases with multiple jurisdictions are made consistently. This provision ensures that Attorney General responsibilities are streamlined to avoid overlapping and duplicate litigation.
STRATEGY
Section 672.1(2) of the Criminal Code of Canada is an important provision that deals with the role of the Attorney General of Canada in criminal proceedings. This provision allows for the Attorney General of Canada to take over criminal proceedings commenced by the Government of Canada and conducted by or on behalf of that Government. This provision also allows for the Attorney General of Canada to act as the reference attorney general in certain circumstances. Strategic Considerations One of the strategic considerations when dealing with Section 672.1(2) is that it provides the federal government with a significant amount of power over criminal proceedings. This provision gives the Attorney General of Canada the authority to take over proceedings initiated by the Government of Canada, which could be advantageous in certain cases. For example, the federal government may want to take over a case in which national security or public safety is at stake, or in cases where the interests of justice require that the federal government become involved. Another strategic consideration is that the provision also allows the Attorney General of Canada to act as the reference attorney general in certain cases. This means that the Attorney General of Canada may have the opportunity to influence the outcome of a criminal proceeding by making submissions on behalf of the federal government. In addition, the provision may also be used strategically to avoid conflicts of interest. For example, in cases where a province is directly involved in a criminal matter, the reference attorney general may not be able to act impartially. In these situations, the Attorney General of Canada may need to take over the case to ensure a fair and impartial trial. Strategies One strategy that could be employed when dealing with Section 672.1(2) is for the federal government to closely monitor criminal proceedings initiated by the Government of Canada. This could involve establishing a system for identifying cases that may require the federal government to become involved, such as cases involving terrorism, organized crime, or national security. Another strategy could be for the Attorney General of Canada to work closely with provincial attorneys general to ensure that their interests are aligned. This could involve developing protocols for dealing with conflicts of interest or creating a joint task force to coordinate efforts between the federal and provincial governments. Finally, the federal government may also want to consider using Section 672.1(2) strategically to influence criminal proceedings in cases where national security or public safety is at stake. For example, the Attorney General of Canada may want to take over a case to ensure that classified information is protected, or to ensure that national security considerations are taken into account when making sentencing decisions. In conclusion, Section 672.1(2) is an important provision that gives the federal government significant powers over criminal proceedings. Strategic considerations when dealing with this section include the need to closely monitor criminal proceedings and to ensure that the interests of the federal and provincial governments are aligned. Strategies that could be employed include working closely with provincial attorneys general, establishing protocols for dealing with conflicts of interest, and using this provision to influence criminal proceedings in cases where national security or public safety is at stake.