INTRODUCTION AND BRIEF DESCRIPTION
The Minister of Justice has the power of a commissioner under the Inquiries Act for investigations related to applications under this part of the Criminal Code.
SECTION WORDING
696.2(2) For the purpose of any investigation in relation to an application under this Part, the Minister of Justice has and may exercise the powers of a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act.
EXPLANATION
Section 696.2(2) of the Criminal Code of Canada outlines the powers of the Minister of Justice in relation to investigations into applications made under Part XXIV of the Code. Part XXIV deals with the review of wrongful convictions and the Minister of Justice is responsible for considering applications for such reviews. This section grants the Minister of Justice the powers of a commissioner under Part I of the Inquiries Act, which includes the power to summon witnesses, compel evidence, and administer oaths. Additionally, the Minister may exercise the powers that may be conferred on a commissioner under section 11 of the Inquiries Act, which grants the power to enter and inspect premises, require documents to be produced, and compel the attendance of witnesses. The purpose of these powers is to enable the Minister to conduct thorough investigations into applications for review of wrongful convictions. By having access to these investigative tools, the Minister may gather evidence and information necessary to determine if there was a miscarriage of justice in a particular case, and potentially issue a remedy such as a new trial or a pardon. It is important to note that these powers granted to the Minister are subject to the limits and requirements set out in the Inquiries Act. Additionally, the use of these powers must be balanced with the rights and freedoms of individuals, and must be exercised in a manner that is fair and just.
COMMENTARY
Section 696.2(2) of the Criminal Code of Canada grants the Minister of Justice the powers of a commissioner under Part I of the Inquiries Act and those that may be conferred on a commissioner under section 11 of that Act. These powers are conferred upon the Minister of Justice for the purpose of investigating any application made under the Part of the Code that is relevant to the inquiry. This provision creates a unique and powerful tool for the Minister of Justice to conduct thorough investigations, which are necessary for certain criminal cases. The Inquiries Act, which grants the powers referenced in Section 696.2(2), provides for the appointment of a Commissioner to conduct inquiries relating to matters of public interest. Commissioners have the power to summon witnesses, compel the production of documents and records, administer oaths, and conduct hearings. These powers are significant because they enable the Commissioner to make findings and recommend further action based on a thorough and complete investigation. The powers of a commissioner under the Inquiries Act are typically invoked in public inquiries, which are used to investigate and report on issues that are of national or international importance. Public inquiries are usually initiated by the government, and their findings may be used to inform public policy, make recommendations, or to hold individuals or institutions accountable for wrongdoing. The fact that Section 696.2(2) confers these powers on the Minister of Justice in criminal cases is notable because it allows for the conduct of in-depth investigations into specific criminal matters. In addition, it allows for a more comprehensive inquiry into particular criminal offenses, which can be valuable in investigating complex crimes that require deeper investigation. One of the primary advantages of the Minister of Justice functioning as a commissioner under the Inquiries Act is that the investigation can be conducted independently of political pressures and agendas. The Minister of Justice can therefore focus solely on the task at hand, without having to worry about external factors influencing the inquiry or affecting its outcome. However, it is important to note that the powers granted under Section 696.2(2) must be used judiciously. There is a fine line between conducting a robust investigation and infringing on the rights and freedoms of individuals. The investigation must be conducted in a way that respects the fundamental rights of all parties involved, including the accused, witnesses, and victims. Proper safeguards must be put in place to ensure that the investigation is fair, objective, and unbiased. In conclusion, Section 696.2(2) of the Criminal Code of Canada grants the Minister of Justice significant powers to conduct a thorough and independent investigation into certain criminal cases. These powers are similar to those conferred on a Commissioner under the Inquiries Act and are designed to enable the Minister of Justice to conduct an impartial inquiry into the matter at hand. However, it is essential that these powers are used appropriately, with care and concern for the rights and freedoms of all parties involved.
STRATEGY
Section 696.2(2) of the Criminal Code of Canada grants significant powers to the Minister of Justice in relation to investigations for applications under this Part. These powers of the Inquiries Act allow the Minister of Justice to conduct investigations with significant authority equivalent to that of a commissioner under Part I. Dealing with this section of the Criminal Code of Canada involves considering various strategic considerations, such as the nature and scope of the investigation, the objective of the inquiry, and the potential risks and benefits of using this section. Some strategies that could be employed to deal with this section of the Criminal Code are as follows: 1. Careful examination of the situation: It is important to carefully review the situation and determine if there is a need for an inquiry. This involves assessing the facts of the case, considering the scope of the inquiry, and determining whether it is necessary to exercise the powers under this section. 2. Develop a clear mandate: Once it is determined that an inquiry is necessary, the next step is to develop a clear mandate for the inquiry. This should include defining the terms of reference, identifying key issues to be addressed, and outlining the scope of the inquiry. This will provide clear guidance to the Minister of Justice and ensure that the investigation is focused and efficient. 3. Establish a strong team: The Minister of Justice should build a team of experts who have the necessary skills and experience to carry out the inquiry. This may include lawyers, forensic experts, and other specialists who can provide valuable insights and support. 4. Ensure fairness and impartiality: It is critical to ensure that the inquiry is fair and impartial and that all parties are given an opportunity to present their case. This involves developing clear procedures for the inquiry, including the rules of evidence, ensuring that all parties have access to relevant information, and providing an opportunity for cross-examination. 5. Manage risks and benefits: Finally, it is important to manage the risks and benefits of using this section of the Criminal Code. This includes weighing the potential costs of conducting the inquiry against the benefits of obtaining valuable information and insights. It also involves assessing the potential impact on public perception and ensuring that the inquiry is conducted in a manner that is consistent with public expectations. In conclusion, dealing with section 696.2(2) of the Criminal Code of Canada involves a careful consideration of various strategic factors, including the nature and scope of the inquiry, the development of a clear mandate, the establishment of a strong team, the need for fairness and impartiality, and the management of risks and benefits. By employing these strategies, the Minister of Justice can effectively exercise the powers granted by this section and carry out investigations that are focused, efficient, and fair.