INTRODUCTION AND BRIEF DESCRIPTION
This section exempts the Attorney General and their counsel from the provisions of subsection (1).
SECTION WORDING
832(2) Subsection (1) does not apply where the appellant is the Attorney General or counsel acting on behalf of the Attorney General.
EXPLANATION
Section 832(2) of the Criminal Code of Canada specifies an exception to the general requirement under subsection (1) that an appeal must be made within 30 days of the pronouncement of the judgment or sentence. This exception applies where the appellant is the Attorney General or counsel acting on behalf of the Attorney General. In practical terms, this means that the Attorney General of a province or the federal government can appeal a decision or sentence beyond the normal 30-day limit. This is because the Attorney General acts as the representative of the public interest in matters of law enforcement and criminal justice. Allowing the Attorney General to appeal beyond the normal time limit recognises this role and ensures that the public interest is protected. However, it is important to note that this exception only applies in limited circumstances where the Attorney General is the appellant. In all other cases, the 30-day time limit for filing an appeal remains in effect. This ensures that appeals are resolved in a timely manner and that there is finality in judicial decisions. The Criminal Code of Canada strikes a balance between the needs of the public interest, the efficient functioning of the justice system, and the rights of the accused.
COMMENTARY
Section 832(2) of the Criminal Code of Canada is an important provision that exempts the Attorney General and their counsel from the legal duty to make disclosure of information to the defence in criminal proceedings. Specifically, subsection (1) of Section 832 of the Code outlines the requirement of the prosecution to disclose all relevant information to the accused person or their legal representative. However, subsection (2) clarifies that this duty does not apply when the appellant is the Attorney General, or when counsel is acting on behalf of the Attorney General. The purpose of Section 832(2) is to protect sensitive and confidential information that may relate to national security, public safety, or any other matter that could harm the public interest if disclosed to the defence. As the Attorney General represents the government's interest in the criminal justice system, it is essential that they have access to all relevant information, including classified information, to make informed decisions in the prosecution of criminal cases. Thus, this exemption allows the Attorney General to balance the interests of justice and national security, and to make appropriate decisions regarding the disclosure of information. However, the exemption provided in Section 832(2) has been subject to criticism and controversy. Critics argue that this provision undermines the fundamental principle of fairness in the criminal justice system, as it gives the government an unfair advantage by withholding potentially exculpatory evidence from the defence. In other words, the defence may be handicapped in building an effective defence if they do not have access to all the information that the prosecution does. Additionally, the exemption in Section 832(2) may be susceptible to abuse by the prosecution, who may argue that certain information is too sensitive to be disclosed, even if it does not relate to issues of national security or public safety. This could lead to miscarriages of justice and violations of the rights of the accused person. Furthermore, the exemption in Section 832(2) may be challenged under the Canadian Charter of Rights and Freedoms, which guarantees various rights to accused persons, including the right to a fair trial, the right to know the case against them, and the right to disclosure in a timely manner. In recent years, the Supreme Court of Canada has recognized that the right to disclosure is a fundamental part of the right to a fair trial, and that any limitations on this right must be justifiable under the Charter. In conclusion, Section 832(2) of the Criminal Code of Canada provides an exemption to the legal duty of disclosing information to the defence in criminal proceedings when the appellant is the Attorney General or their counsel. While this provision is necessary to protect sensitive and confidential information, it has been criticized for potentially undermining the principle of fairness in the criminal justice system. It is important for the government to exercise this exemption judiciously, and to ensure that it does not lead to violations of the rights of the accused person or to miscarriages of justice.
STRATEGY
Section 832(2) of the Criminal Code of Canada provides an exception to one of the most widely relied on provisions in the Canadian legal system - the right to appeal. While subsection (1) of section 832 of the Criminal Code grants individuals the right to appeal a conviction or sentence, subsection (2) excludes the Attorney General or counsel acting on behalf of the Attorney General from this provision. There are several strategic considerations that lawyers should keep in mind when dealing with this section of the law. Firstly, it is important for lawyers to understand the implications of section 832(2), both in terms of the practical barriers it creates and its possible impact on the judicial process. The right to appeal is a fundamental tenet of Canada's legal system, and it is essential that lawyers ensure that they represent their clients to the best of their abilities within the framework of the law. When dealing with section 832(2), lawyers must approach cases differently, knowing that there are certain legal limitations that cannot be overcome. Secondly, lawyers must consider different strategies based on their clients' needs and the facts of each individual case. For example, if an individual has been convicted and wishes to appeal, lawyers may need to engage in careful negotiations with the Crown's office to determine an appropriate strategy for leveraging alternate legal provisions that allow for appeal. Alternatively, lawyers may need to consider petitioning for an application to the Minister of Justice for a review of a conviction or sentence under section 696.1 of the Criminal Code. Thirdly, it is important for lawyers to keep in mind the importance of communication and coordination with their clients when dealing with section 832(2). Given that the client would be unable to appeal under this provision, lawyers must work with their clients to ensure that they fully understand the implications of section 832(2) and any other alternative legal options that may be available. This can be a challenging process, and it requires lawyers to be sensitive to the needs and emotions of their clients while also providing them with sound legal advice. Fourthly, lawyers must be familiar with the legal principles that underlie section 832(2). The Supreme Court of Canada has held that the exclusion of the Attorney General from the right to appeal is constitutional and that it is intended to avoid the appearance of bias that may arise if the Attorney General were allowed to appeal decisions that had been made by judges appointed by the Attorney General. This legal principle has important implications for lawyers, as it means that they must be aware of the potential for conflict when representing clients in cases involving the Crown. In conclusion, section 832(2) of the Criminal Code of Canada presents unique challenges for lawyers and their clients. It is important for lawyers to be familiar with the legal principles and strategies involved in navigating this section of the law, as well as to be sensitive to the needs and emotions of their clients. By working closely with their clients and carefully considering their legal options, lawyers can help to ensure that individuals are properly represented within the limits of the legal framework.