section 725(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General must consider the public interest before giving consent for certain purposes.

SECTION WORDING

725(1.1) For the purpose of paragraphs (1)(b) and (b.1), the Attorney General shall take the public interest into account before consenting.

EXPLANATION

Section 725(1.1) of the Criminal Code of Canada pertains to the Attorney General's decision to consent or refuse consent when an individual wishes to bring an appeal on a question of law alone or on both law and fact to a court of appeal. In such cases, the consent of the Attorney General is required before the appeal can proceed. Under this section, the Attorney General must take into account the public interest in deciding whether to give consent to such an appeal. The public interest refers to the general welfare and well-being of the public, which includes factors such as the safety and security of the community, the administration of justice, and the protection of individual rights. The reason behind this requirement is to ensure that frivolous or unjustified appeals cannot be pursued. The appeal process can be lengthy and expensive, and allowing appeals without considering the public interest could waste resources that could be better utilized elsewhere. At the same time, it is crucial to ensure that individuals have access to justice, and their rights are protected. Therefore, this section provides a balance between the interests of individuals and the public. By requiring the Attorney General to consider the public interest, it ensures that appeals are only granted when they have the potential to affect the public interest significantly. Simultaneously, it also safeguards the rights of individuals seeking an appeal. Ultimately, such balance enables the fair and effective operation of the criminal justice system in Canada.

COMMENTARY

Section 725(1.1) of the Criminal Code of Canada is an important provision that requires the Attorney General to take the public interest into account before giving consent for certain matters. Specifically, this section applies to paragraphs (1)(b) and (1)(b.1) of the Criminal Code. Paragraph (1)(b) pertains to the withdrawal of charges, while paragraph (1)(b.1) concerns the appointment of a special prosecutor. The public interest is a fundamental principle of the Canadian legal system, and it is central to ensuring justice is served. By requiring the Attorney General to take the public interest into account, this provision serves to ensure that decisions regarding the withdrawal of charges or the appointment of a special prosecutor are made in the interest of justice and the public rather than for any other reason. In practice, this provision means that the Attorney General must evaluate the potential consequences of withdrawing criminal charges or appointing a special prosecutor. The Attorney General must consider whether the public interest is better served by continuing with the prosecution or by appointing a special prosecutor to handle the case. This evaluation must be based on a careful consideration of various factors, such as the seriousness of the alleged offence, the public's interest in seeing justice done, and the potential impact of not pursuing the case on the wider community. Importantly, this provision does not require the Attorney General to prioritize the public interest over other interests. Rather, it simply mandates that the public interest be taken into account when making decisions related to the withdrawal of charges or the appointment of a special prosecutor. By doing so, it helps to ensure that these decisions are made in a fair and impartial manner, free from any undue influence or political considerations. Overall, section 725(1.1) plays an important role in safeguarding the integrity of the Canadian legal system. By requiring the Attorney General to take the public interest into account, it helps to ensure that decisions related to the withdrawal of charges or the appointment of a special prosecutor are made with due consideration of the public interests. This, in turn, helps to maintain public confidence in the criminal justice system and ensures that justice is served fairly and impartially.

STRATEGY

Section 725(1.1) of the Criminal Code of Canada plays an important role in determining whether an individual is granted bail or not. This section outlines that the Attorney General must take into account the public interest before consenting to an individual's release on bail. The public interest refers to the protection of the community and maintaining public confidence in the justice system. Strategic considerations when dealing with this section of the Criminal Code of Canada involve balancing the public interest with the individual's rights. It is crucial to prepare a strong case that demonstrates why the individual should be granted bail and the measures that will be put in place to ensure public safety. One strategy that could be employed to address this section is by highlighting the individual's ties to the community and their potential contributions to society. This could be achieved by demonstrating their employment history, volunteer work, and involvement in community organizations. This strategy is premised on the notion that the presence of positive community ties will reduce the risk of reoffending and that these individuals are unlikely to pose a threat to the public. Another strategy that could be used is to provide evidence of retraining and education programs that the individual has completed. This is particularly useful if the individual has a history of criminal behavior. Showing that the individual has taken steps to address their behavior and has taken responsibility for their actions may persuade the Attorney General to consent to their release on bail. Additionally, it is essential to have a comprehensive plan that outlines the conditions of the individual's release. This could include electronic monitoring, regular check-ins with a probation officer, and a ban on contact with certain individuals. Providing a detailed plan that addresses potential risks and minimizes the possibility of reoffending can bolster the case for granting bail. Lawyers may also employ the strategy of challenging the Attorney General's determination that the public interest is not served by releasing the individual on bail. This may involve demonstrating that the individual's risk of harm to the public is low, or that they pose no flight risk. This strategy involves a careful examination of the facts and legal precedents to demonstrate that the individual's fundamental rights are being restricted without just cause. Ultimately, with the right strategic considerations in place, it is possible to secure bail even where Section 725(1.1) of the Criminal Code of Canada is invoked. To do so, it is essential to provide a compelling case that addresses the public interest while also protecting the rights of the individual.