INTRODUCTION AND BRIEF DESCRIPTION
Allows the Attorney General to appeal a decision of a court not to make an order under section 743.6.
SECTION WORDING
676(5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 743.6.
EXPLANATION
Section 676(5) of the Criminal Code of Canada establishes the power of the Attorney General to appeal against a court decision regarding the making of an order under section 743.6. This section relates to the processes and decisions that occur in court after an individual has been found guilty of a criminal offence. Section 743.6 provides for the imposition of a victim surcharge on individuals convicted of an offence. The purpose of the surcharge is to provide financial compensation to victims for harm caused by the offence. Under section 743.6, the court is required to make an order imposing a surcharge on the convicted individual. However, the court may decide not to make the order in certain circumstances, such as if the convicted individual is unable to pay the surcharge due to financial hardship. If the court decides not to make the order, the Attorney General or counsel instructed by the Attorney General may appeal the decision to the court of appeal. The power of the Attorney General to appeal against the decision of the court not to make an order under section 743.6 ensures that victims of crime receive the financial compensation they are entitled to. This provision also enables the court of appeal to review and potentially revise the decisions made by lower courts. In summary, Section 676(5) of the Criminal Code of Canada is an important provision that ensures that victims of crime are adequately compensated through the imposition of a victim surcharge. It also provides a means for the Attorney General to appeal decisions of lower courts, thereby helping to ensure consistency and fairness in the administration of justice.
COMMENTARY
Section 676(5) of the Criminal Code of Canada grants the Attorney General the right to appeal a decision made by a court not to make an order under section 743.6 of the Criminal Code. This section lays out the provisions for victim impact statements. Victim impact statements provide an opportunity for victims to reflect on the harm they have suffered as a result of a crime and to express their views to the court about the appropriate sentence for the offender. Victim impact statements play an important role in the Canadian criminal justice system by promoting greater transparency, accountability, and responsiveness to the needs of victims. They can provide a powerful platform for victims to articulate the harm they have suffered, their emotional and psychological needs, and the impact that the crime has had on their lives and those of their families. At the same time, they serve as an important check on the power of the state and help to ensure that sentencing decisions are fair and proportionate. Given the importance of victim impact statements, it is critical that they are given due weight and consideration by the courts. Section 743.6 codifies this principle by requiring the court to consider any victim impact statement that has been made before imposing a sentence. This provision ensures that victims are given a central role in the sentencing process and that their voices are heard. However, there may be situations where a court may decide not to allow a victim impact statement to be entered into evidence. For example, it may be determined that the statement is prejudicial, irrelevant, or otherwise inadmissible. In such cases, the Attorney General has the right to appeal the decision to the court of appeal under section 676(5). The use of victim impact statements in the Canadian criminal justice system has not been without controversy. Critics have argued that they can perpetuate a punitive and retributive approach to justice, that focuses on punishment rather than rehabilitation and reintegration. They have also highlighted that victim impact statements may disproportionately benefit certain types of victims, such as those who are white, middle class, and able-bodied, while excluding others who may experience multiple and intersecting forms of oppression, such as Indigenous peoples, racialized communities, and those with disabilities. Despite these concerns, there is no denying the importance of victim impact statements in ensuring that victims have a say in the sentencing process, and that their needs and interests are taken into account. Ultimately, section 676(5) ensures that the Attorney General has the ability to challenge decisions that may unfairly limit the use of victim impact statements, and to ensure that these statements are given the full weight and consideration that they deserve.
STRATEGY
Section 676(5) of the Criminal Code of Canada provides flexibility for the Attorney General to appeal against a decision made by a court not to make an order under section 743.6. This section of the Criminal Code deals with the imposition of a victim surcharge on offenders. Generally, it is a mandatory financial penalty that must be imposed on an offender who has been convicted of an offence under the Criminal Code or other federal acts. When dealing with this section of the Criminal Code, there are several strategic considerations that need to be taken into account. The following are some of the strategic considerations and strategies that would be useful in the context of this section: 1. Preparing a strong argument: In order to appeal against a court's decision not to make an order under section 743.6, the Attorney General needs to prepare a strong argument that convinces the court of appeal to overturn the earlier decision. Any successful appeal needs a compelling reason to be presented to the appeals court. This requires a thorough analysis of the evidence and legal reasoning presented before the lower court. If the appeal is made merely for the sake of filing an appeal, the chances of success will be minimal. 2. Timing of the appeal: Timing is an essential aspect of any appeal. The appeal should be made promptly so that the issue is brought to the attention of the court of appeal as soon as possible. The appellant should ensure that the grounds for appeal are presented in a timely and concise manner. 3. Identifying the relevant legal considerations: The Attorney General should identify all relevant legal considerations before making an appeal. This could involve obtaining legal opinions from practitioners specializing in the area of victim surcharges. It is important to properly frame the legal issues before the court of appeal to ensure that the grounds for the appeal are properly addressed. 4. Keeping the victim's interests in mind: The victim surcharge is intended to help victims of crime. Therefore, any decision concerning the imposition of the surcharge must be made with the interests of the victim in mind. The Attorney General or counsel instructed by the Attorney General should consider the impact on the victim when making an appeal. This could involve consulting with the victim and their family about the potential impact of the decision. 5. Maintaining relationships with stakeholders: The Attorney General or counsel instructed by the Attorney General should maintain good relationships with stakeholders, including the courts, victims, and justice system stakeholders. This can help in building support for the appeal, and can also prevent potential negative perceptions towards the appeal. In conclusion, the decision to appeal against a court's decision not to make an order under section 743.6 requires a careful consideration of various strategic options. Strong legal arguments, timely and concise submissions, identification of relevant legal considerations, keeping victims' interests in mind, and maintaining positive relationships with stakeholders, are some of the key strategies that should be employed when dealing with this section of the Criminal Code of Canada.