INTRODUCTION AND BRIEF DESCRIPTION
The Minister of Justice can ask the court of appeal for their opinion on any question related to an application under this Part.
SECTION WORDING
696.3(2) The Minister of Justice may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application under this Part on which the Minister desires the assistance of that court, and the court shall furnish its opinion accordingly.
EXPLANATION
Section 696.3(2) of the Criminal Code of Canada allows the Minister of Justice to refer any question related to an application under this Part to the court of appeal for its opinion. This provision enables the Minister to receive guidance and assistance from the court in matters concerning the administration of justice. The court is, therefore, obligated to provide an opinion that will help the Minister in better understanding the situation and making informed decisions. This provision is relevant in situations where an application under the Part cannot be resolved easily, and more information or clarification is needed to make a just and fair decision. The Minister may refer a wide range of questions to the court of appeal, including questions regarding the interpretation of the law, evidentiary issues, or procedural matters. The court's opinion is not binding, but it provides a valuable perspective from an expert that the Minister may take into account when making decisions. Overall, section 696.3(2) provides an essential tool for the Minister of Justice in navigating complex applications and ensuring that justice is administered in a fair and efficient manner. By seeking the court's opinion, the Minister can make informed decisions that are grounded in the legal principles and precedents set out in the Criminal Code of Canada and other relevant legislation.
COMMENTARY
Section 696.3(2) of the Criminal Code of Canada is a provision that allows the Minister of Justice to seek the opinion of the court of appeal in any matter related to an application made under Part XXIII of the Criminal Code. Part XXIII of the Criminal Code deals with the procedures related to appeals and reviews of criminal cases and sentences. The provision gives the Minister of Justice broad discretionary power to refer any question to the court of appeal for its opinion. This can include any matter related to an application made under Part XXIII of the Criminal Code, including questions of law, fact, or mixed law and fact. The reference can be made at any time, either before or after the application has been made. The purpose of this provision is to allow the Minister of Justice to obtain the assistance of the court of appeal in matters that may be complex or require the interpretation of the law. It is intended to help ensure that the law is properly understood and applied in criminal cases and to enhance the fairness and integrity of the criminal justice system. The provision also reflects the important role that the court of appeal plays in interpreting and applying the law. As the highest appellate court in the country, the court of appeal is an important source of guidance and expertise on matters of criminal law. In practice, the provision has been used sparingly. The court of appeal is typically only asked to provide its opinion in cases where there is a significant legal issue that needs to be resolved. The court's opinion is not binding, but it can be influential in guiding the decision-making of lower courts. Overall, section 696.3(2) of the Criminal Code is an important provision that helps ensure that criminal cases are dealt with fairly and transparently. It allows the Minister of Justice to seek the assistance of the court of appeal in matters related to Part XXIII of the Criminal Code, and helps ensure that the law is properly understood and applied in criminal cases. While it is not used frequently, it is an important tool that reflects the important role that the court of appeal plays in the criminal justice system.
STRATEGY
Section 696.3(2) of the Criminal Code of Canada provides a valuable tool for those who seek justice under the law. This section enables the Minister of Justice to refer to the court of appeal any question related to an application, on which the Minister requires assistance, in obtaining an opinion. Such a provision can be used strategically by anyone looking to challenge a decision or interpretation of law and seeking an expert opinion. One of the critical considerations while using section 696.3(2) of the Criminal Code of Canada is to have a clear understanding of the circumstances that led to the need for an opinion. The applicant needs to have a compelling case that warrants the question referred to the court of appeal. The grounds for the question should be firmly rooted in Canadian law, making the decision of the court of appeal necessary for proper adjudication of the issue at hand. Another strategy for those considering this approach is to consult with legal counsel before seeking a referral under section 696.3(2). A competent lawyer can provide valuable guidance on implications that may arise from a referral, including the timing of the application and the potential impact on the applicant's legal position. Lawyers can help identify specific legal issues and provide arguments that strengthen the case for the referral. Another consideration is identifying the appropriate court or judges to be approached for assistance. The person making the application has the discretion to choose the judges or court for a referral, but it is critical to select judges with specific expertise or knowledge in the area of law on which the question is being asked. Additionally, identifying specific judges who are willing to support the referral and have a reputation for delivering informed decisions is essential. Another strategic approach is to consider alternatives to a referral. Referral under section 696.3(2) is just one of several methods to challenge an interpretation of law or decision by a magistrate. An alternative strategy may include seeking review or appeal of the original decision in a lower court. Additionally, approaching the Director of Public Prosecutions for assistance and guidance can help determine the best course of action based on the specific case's circumstances. In conclusion, section 696.3(2) of the Criminal Code of Canada offers a powerful tool for accosting complex legal issues. However, it is essential to exercise care and caution while seeking a referral under this section. The applicant should have a firm understanding of the legal issues and be able to present a strong case for the referral. Seeking legal counsel, understanding the potential implications of the referral, and identifying appropriate judges are essential elements of a successful application. Applicants should remain mindful of alternatives while pursuing a referral under section 696.3(2).