INTRODUCTION AND BRIEF DESCRIPTION
This section does not prevent anyone from reporting an offense or prosecuting it according to the law.
SECTION WORDING
717(5) Subject to subsection (4), nothing in this section shall be construed as preventing any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with law.
EXPLANATION
Section 717(5) of the Criminal Code of Canada is a provision that ensures individuals can still pursue legal action against someone even if they have agreed to participate in an alternative measures program. Alternative measures programs are designed to divert individuals away from the criminal justice system by offering them an opportunity to take responsibility for their actions, make amends, and avoid prosecution. However, section 717(5) clarifies that participating in one of these programs does not prevent individuals from pursuing legal action in accordance with the law. This provision essentially preserves the integrity of the criminal justice system in Canada. It ensures that individuals who have committed a criminal offence are still held accountable for their actions and that victims have the opportunity to seek justice. While alternative measures programs can be incredibly effective in steering individuals away from criminal behaviour, they should not be viewed as a way to completely avoid responsibility for one's actions. Overall, section 717(5) is an essential component of the Criminal Code of Canada. It helps to strike a balance between providing individuals with opportunities to avoid prosecution while ensuring that justice is still served in cases where it is necessary. It also highlights the importance of following the law and adhering to legal processes when dealing with criminal offences.
COMMENTARY
Section 717(5) of the Criminal Code of Canada is an important provision that protects the ability of individuals to seek justice through the legal system. This provision states that nothing in Section 717, which deals with offences related to public order, should be interpreted as preventing anyone from laying a charge, obtaining a warrant, or pursuing the prosecution of an offence if it is done in accordance with the law. This provision is crucial in ensuring that individuals are not prevented from accessing justice. In Canada, everyone who is accused of a crime is presumed innocent until proven guilty in a court of law. This means that anyone who is the victim of a crime has the right to report it to law enforcement and to have the matter investigated and, if appropriate, prosecuted in court. By ensuring that nothing in Section 717 prevents individuals from pursuing these avenues, this provision upholds the fundamental rights of all Canadians to access justice. The provision also ensures that the criminal justice system is not hindered by the provisions of Section 717. This section is intended to deal with offences related to public order, such as rioting, inciting hatred, or participating in an unlawful assembly. While it is important to prevent such activities, it is also important to ensure that the legal system can function effectively. If Section 717 prevented individuals from accessing the courts, it could act as a barrier to justice and hinder the legal system. One of the key aspects of this provision is that it specifies that the right to access the legal system must be done "in accordance with the law". This means that individuals must follow the proper procedures and protocols when reporting a crime, obtaining a warrant, or pursuing a prosecution. This helps to prevent abuse of the legal system and ensures that justice is being pursued in a fair and ethical manner. In conclusion, Section 717(5) of the Criminal Code of Canada is an important provision that protects the right of individuals to access the legal system. By ensuring that nothing in Section 717 prevents individuals from pursuing justice, this provision upholds the values of justice, fairness, and equality that are fundamental to Canadian society. It also ensures that the legal system can function effectively and that offenders are held accountable for their actions. Ultimately, this provision is an essential safeguard that helps to ensure that Canada remains a just and democratic society.
STRATEGY
Section 717(5) of the Criminal Code of Canada allows individuals to lay an information and proceed with the prosecution of any offence, in accordance with the law. This section has several strategic considerations for individuals who are dealing with criminal cases. One of the strategic considerations is determining whether the case has legal merit. Before laying an information or proceeding with a criminal case, it is essential to assess whether there is a strong legal basis for the prosecution. This consideration involves reviewing the evidence, analyzing the applicable laws, and determining whether the prosecution has a reasonable likelihood of success. This step is crucial to avoid wasting resources and time pursuing a case that is unlikely to succeed. Another strategic consideration is the selection of the right prosecutor. It is important to consider the prosecutor's track record, experience, and knowledge of the law. Choosing an inexperienced prosecutor or one who has a poor track record can significantly impact the outcome of the case. A skilled and knowledgeable prosecutor can present compelling arguments, build a strong case, and negotiate successful plea bargains. The selection of the right court and judge is also a strategic consideration. Different courts and judges have different approaches and attitudes towards criminal cases. Some may be more lenient while others may be harsher in their judgments. Choosing the right court and judge can significantly impact the outcome of the case. For example, if the prosecution is seeking harsh penalties, selecting a judge who is known for being tough on crime may not be ideal. When dealing with Section 717(5), it is essential to consider the possibility of settlement and plea bargaining. Settlements and plea bargains can save a great deal of time and resources while still meeting the prosecution's objectives. These options are particularly useful in cases where the evidence is weak or the prosecution has a weak case. Another strategic consideration is the selection of witnesses and the development of their testimony. Witnesses are often the most crucial aspect of a criminal case. It is therefore critical to select credible witnesses who are willing to testify truthfully. Preparing these witnesses and developing their testimony can significantly impact the strength of the prosecution's case. In conclusion, Section 717(5) of the Criminal Code of Canada provides individuals with the opportunity to lay an information and proceed with the prosecution of any offence, in accordance with the law. Strategic considerations include assessing whether the case has legal merit, selecting the right prosecutor, court, and judge, considering settlement and plea bargaining, and the selection of credible and prepared witnesses. Employing the right strategies can significantly impact the outcome of the case and increase the chances of success.