INTRODUCTION AND BRIEF DESCRIPTION
This section allows for the commencement of proceedings in any territorial division in Canada for offences committed outside of Canada, and allows for the accused to be tried and punished as if the offence was committed in that division.
SECTION WORDING
7(5) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division. (5.1) For greater certainty, the provisions of this Act relating to (a) requirements that an accused appear at and be present during proceedings, and (b) the exceptions to those requirements, apply to proceedings commenced in any territorial division pursuant to subsection (5).
EXPLANATION
Section 7(5) of the Criminal Code of Canada is a provision that allows for anyone who is alleged to have committed a criminal offense to be prosecuted from any territorial division in Canada. This means that individuals who are suspected of committing a crime can be tried and punished in any legal district throughout Canada, even if they are not currently living or present in the country. This provision is significant because it eliminates any jurisdictional barriers that might be present in prosecuting a case. It ensures that justice can be served regardless of where a crime occurred or where an individual is living. Furthermore, Section 7(5.1) reiterates the applicability of the provisions of the Criminal Code relating to the presence of the accused during proceedings. This means that an accused person must be present for their trial, unless there are circumstances that allow for an exception. Overall, Section 7(5) ensures that justice is accessible to all Canadians, regardless of where they live or where the alleged offense occurred. It also reaffirms the importance of the accused's presence during proceedings, in line with the principles of fairness and due process.
COMMENTARY
Section 7(5) of the Criminal Code of Canada is a provision that allows for the commencement of proceedings against an accused individual who is alleged to have committed an act or omission that is an offence, regardless of whether they are currently located in Canada or not. This provision essentially extends the jurisdiction of Canadian courts to cover offenses committed outside of the country's territorial boundaries. The provision applies to any territorial division in Canada, meaning that an accused individual can be tried and punished in any part of the country for offences committed elsewhere. This effectively allows Canadian authorities to pursue justice for criminal offenses that occurred outside the country's borders, but which have an impact on Canadian interests or citizens. The section also clarifies that the accused may be tried and punished in the same manner as if the offence had been committed in the territorial division in which proceedings are being held. This ensures that the accused's rights are protected and that they receive a fair trial regardless of the location of the offence. Furthermore, subsection 5.1 reinforces the importance of an accused person's right to appear and be present during proceedings. It clarifies that these requirements apply to proceedings commenced in any territorial division pursuant to subsection 5. The provision's inclusion of such measures represents a fair and just approach to justice. It ensures that an accused person is not denied their rights or prosecutorial abuse, regardless of the location of the offense and the subsequent proceedings. This provision is particularly relevant in a globalized world where criminal activities often transcend national borders. Cross-border criminal activity often has financial implications that can upend the stability of national economies and cause damage to citizens and businesses. With this provision, the Canadian Government is making clear that it has, and will utilize, the ability to pursue justice against perpetrators of these crimes, wherever they may be located, within Canada's borders. Additionally, this provision gives Canadian courts more latitude in pursuing justice in cases that can be complex and have multiple layers. The provision ensures that any Canadian citizens who might be victims of a crime committed outside the country are afforded the same protection and justice as those who might have been targeted within Canada's borders. In conclusion, Section 7(5) is an inclusive provision that speaks to the global reach of criminal activities and the importance of a comprehensive and just approach to justice. The provision dovetails with contemporary principles of justice and further promotes the maintenance of safe communities and prosperous economies, emphasizing that for Canada, justice knows no boundaries.
STRATEGY
Section 7(5) of the Criminal Code of Canada allows for proceedings to be commenced in any territorial division in Canada, regardless of where the alleged offence was committed and whether or not the accused is currently in Canada. This provision enables prosecutors to bring charges against individuals who may have left the jurisdiction, making it easier to hold perpetrators accountable for their actions. However, there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code. First and foremost, there are practical challenges associated with bringing a case against an individual who is not currently in Canada. This may require coordination with international law enforcement agencies, extradition proceedings, and other complex legal processes. As such, it is important to have a strong understanding of the relevant legal frameworks and procedures in order to effectively execute these strategies. Another important consideration is the potential for jurisdictional challenges. Section 7(5) allows for proceedings to be commenced in any territorial division in Canada, but this may not necessarily be the most advantageous option in all cases. For example, if the accused is not a Canadian citizen and has no connection to Canada, it may be more difficult to establish jurisdiction. In these cases, it may be more effective to pursue charges in the jurisdiction where the alleged offence was committed, or to coordinate with other international authorities to bring charges. In addition to these practical challenges, there are also strategic considerations related to resource allocation and risk management. Given the complexity and potential cost associated with bringing charges under Section 7(5), it is important to carefully weigh the potential benefits against the potential risks and costs. For example, it may be more strategically advantageous to focus resources on pursuing cases that have a higher likelihood of success, or to prioritize cases that have a greater public interest or impact. Ultimately, the strategies employed in relation to Section 7(5) will depend on a range of factors, including the specific details of the case, the resources available to the prosecution team, and the broader context in which the case is being pursued. However, by carefully considering these strategic considerations and approaching Section 7(5) cases with a clear and informed strategy, prosecutors can work to hold perpetrators accountable and deliver justice for victims of crime.