section 696.6

INTRODUCTION AND BRIEF DESCRIPTION

This section allows the Governor in Council to make regulations regarding the forms and processes related to applications and annual reports under this Part of the Criminal Code.

SECTION WORDING

696.6 The Governor in Council may make regulations (a) prescribing the form of, the information required to be contained in and any documents that must accompany an application under this Part; (b) prescribing the process of review in relation to applications under this Part, which may include the following stages, namely, preliminary assessment, investigation, reporting on investigation and decision; and (c) respecting the form and content of the annual report under section 696.5.

EXPLANATION

Section 696.6 of the Criminal Code of Canada gives the Governor in Council the power to make regulations related to the process of applying for and reviewing applications under this Part, as well as the annual reporting requirements. This section provides the framework for the administration of justice in Canada by setting out the requirements and guidelines for the application process, investigation, and review process. The regulations under this section may prescribe the form of applications for various types of criminal proceedings, the information that must be included in these applications, and the documents required to be submitted with the application. Additionally, the regulations may establish a series of stages that must be followed in reviewing applications, such as preliminary assessments, investigations, and reporting on investigation findings, before a decision is made. The annual reporting requirements under this section may relate to the performance of various activities by agencies involved in the administration of justice, such as the number of applications received, rejected, and approved, and the reasons for the decisions made. The regulations may also prescribe the format and content of these annual reports. In summary, Section 696.6 plays a crucial role in ensuring that the administration of justice in Canada is carried out in an efficient and transparent manner. It provides the necessary guidelines for the application process, review process, and reporting requirements, thereby enhancing the accountability and transparency of the justice system.

COMMENTARY

Section 696.6 of the Criminal Code of Canada empowers the Governor in Council to make regulations regarding the procedures and requirements for applications under Part XXIV of the Criminal Code. Part XXIV deals with the review of a conviction or sentence on the grounds of a miscarriage of justice, which occurs when the outcome of a trial or appeal was affected by serious errors or defects in the justice system. The purpose of section 696.6 is to provide guidance and clarity for the process of applying for a review of a conviction or sentence. This is important because a miscarriage of justice can have serious consequences for the accused person, including loss of freedom, reputation, and livelihood. While the justice system strives to be fair and just, it is not infallible, and mistakes can occur at every stage of a case. The most significant aspect of section 696.6 is the power to make regulations regarding the process of review, which can include several stages, namely, preliminary assessment, investigation, reporting on investigation, and decision. These stages are designed to ensure that the review process is thorough, objective, and transparent. For example, the preliminary assessment stage involves a high-level review of the application to determine whether it meets the threshold for further investigation. If it does, the investigation stage follows, where evidence is gathered and analyzed to evaluate the grounds for the review. The reporting on investigation stage is a crucial component of the review process, as it requires the reviewing body to prepare a report that outlines its findings, conclusions, and recommendations. This report is then submitted to the appropriate authority for decision-making, which can include granting or denying the review, or ordering a new trial or appeal. The decision stage is the final step in the review process, and it is crucial to ensure that justice is served and that the rights of the accused person are protected. Another important aspect of section 696.6 is the power to prescribe the form of, the information required to be contained in, and any documents that must accompany an application under Part XXIV. This is essential to ensure that the reviewing body has all the necessary information to conduct a thorough and objective review. It also helps to avoid delays or rejections of applications due to technical or procedural errors. Finally, section 696.6 also requires that an annual report be submitted regarding the reviews conducted under Part XXIV. The purpose of this report is to provide transparency and accountability regarding the review process and its outcomes. The report must include information such as the number and types of applications received, the number and types of reviews conducted, and the outcomes of those reviews. In conclusion, section 696.6 of the Criminal Code of Canada reflects the importance of ensuring that the review of convictions or sentences is a fair, objective, and transparent process. It provides the framework for making regulations regarding the requirements and procedures for applying for a review and conducting the review itself. This is essential to maintain public confidence in the justice system and to protect the rights of all Canadians.

STRATEGY

When dealing with Section 696.6 of the Criminal Code of Canada, there are several strategic considerations that must be taken into account, depending on one's role and objectives. Some possible strategies that could be employed include: 1. Understanding the purpose and scope of the regulation: Before undertaking any action, it is important to understand why and how a specific regulation exists. In the case of Section 696.6, the regulation concerns the process and requirements for applying for a review or reconsideration of a criminal record or order. This means that any strategy must take into account the eligibility criteria, timelines, and other relevant factors that would impact the success of an application. 2. Building relationships with relevant stakeholders: Depending on the specific context or objective, it may be necessary to build relationships with stakeholders who could impact the outcome of a review or reconsideration. These stakeholders could include legal professionals, government officials, community leaders, or advocacy groups, among others. By engaging with these stakeholders and building trust, it may be easier to navigate the complexities of the application process and increase the chances of a successful outcome. 3. Providing relevant and compelling information: In order to make a strong case for a review or reconsideration, it is essential to provide relevant and compelling information that could sway decision-makers. This could include evidence of rehabilitation, extenuating circumstances, new information, or other factors that would support the need for a review. By presenting information in a clear and concise manner, and highlighting its relevance to the specific situation, it may be possible to increase the chances of success. 4. Understanding the legal and procedural requirements: In order to comply with the regulation and avoid any unnecessary setbacks, it is essential to understand the legal and procedural requirements of the application process. This could include ensuring that all necessary documents are submitted in the correct format, meeting any eligibility criteria, adhering to timelines, and following any other relevant procedures. By being meticulous and detail-oriented, it may be possible to avoid any unnecessary delays or rejections. 5. Advocacy and communication: Depending on the situation, it may be necessary to engage in advocacy and communication efforts to raise awareness and build support for a review or reconsideration. This could involve working with advocacy groups, media outlets, or other stakeholders to highlight the issues at hand, share personal stories, and call for change. By being strategic and creative in these efforts, it may be possible to build momentum and increase the chances of success. In conclusion, dealing with Section 696.6 of the Criminal Code of Canada requires careful consideration and strategic thinking. By understanding the purpose and scope of the regulation, building relationships with stakeholders, providing relevant information, adhering to legal requirements, and engaging in advocacy and communication efforts, it may be possible to achieve the desired outcome. However, each situation is unique, and it is important to approach each case with a tailored and nuanced strategy.