INTRODUCTION AND BRIEF DESCRIPTION
This section defines the term Attorney General with respect to various types of criminal proceedings.
SECTION WORDING
2. In this Act, "Attorney General" (a) subject to paragraphs (b.1) to (g), with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy, (b) with respect to the Yukon Territory, the Northwest Territories and Nunavut, or with respect to proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene, or counselling the contravention of, any Act of Parliament other than this Act or any regulation made under such an Act, means the Attorney General of Canada and includes his or her lawful deputy, (b.1) with respect to proceedings in relation to an offence under subsection 7(2.01), means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, (c) with respect to proceedings in relation to a terrorism offence or to an offence under section 57, 58, 83.12, 424.1 or 431.1 or in relation to an offence against a member of United Nations personnel or associated personnel under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, (d) with respect to proceedings in relation to (i) an offence referred to in subsection 7(3.71), or (ii) an offence referred to in paragraph (a) of the definition "terrorist activity" in subsection 83.01(1), where the act or omission was committed outside Canada but is deemed by virtue of subsection 7(2), (2.1), (2.2), (3), (3.1), (3.4), (3.6), (3.72) or (3.73) to have been committed in Canada, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, (e) with respect to proceedings in relation to an offence where the act or omission constituting the offence (i) constitutes a terrorist activity referred to in paragraph (b) of the definition "terrorist activity" in subsection 83.01(1), and (ii) was committed outside Canada but is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, (f) with respect to proceedings under section 83.13, 83.14, 83.28, 83.29 or 83.3, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, and (g) with respect to proceedings in relation to an offence referred to in sections 380, 382, 382.1 and 400, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them;
EXPLANATION
Section 2 of the Criminal Code of Canada defines the meaning of the term "Attorney General" with respect to proceedings under the Act. Depending on the nature of the offence, the Attorney General may refer to different individuals or entities. In general, the Attorney General refers to the Attorney General or Solicitor General of the province where the proceedings are being taken. However, for certain offences, such as terrorism-related offences or offences against United Nations personnel, the Attorney General may refer to the Attorney General of Canada or his or her lawful deputy. The section also covers offences committed outside Canada that are deemed to have been committed within Canada and the jurisdiction of the Attorney General in such cases. This section is important as it helps to define the roles and responsibilities of those individuals and entities responsible for prosecuting criminal offences in Canada. It helps to ensure that there is clarity and consistency in the application of criminal law across the country.
COMMENTARY
Section 2 of the Criminal Code of Canada is a provision that outlines the role of the Attorney General in various criminal proceedings. The Attorney General is a legal officer who is responsible for representing the Crown in criminal proceedings, and the provision specifies which Attorney General has jurisdiction over which type of criminal proceedings. The provision begins by defining the term *Attorney General" and specifies that it includes the Attorney General or the Solicitor General of the province where the proceedings are taking place. This definition applies to most criminal proceedings covered by the Criminal Code of Canada. The provision also lists specific criminal proceedings where the jurisdiction of the Attorney General of Canada or the Attorney General or the Solicitor General of the province may overlap. For example, in case of a contravention of any Act of Parliament other than this Act or any regulation made under such an act, the Attorney General of Canada has jurisdiction. Similarly, in case of an offence under section 57, 58, 83.12, 424.1 or 431.1 or in relation to an offence against a member of United Nations personnel or associated personnel, either the Attorney General of Canada or the Attorney General or Solicitor General of the province has jurisdiction. The provision also outlines the Attorney General's jurisdiction over terrorism offences, where either the Attorney General of Canada or the Attorney General or Solicitor General of the province has jurisdiction. It specifies which Attorney General has jurisdiction in the case of an offence committed outside Canada but is deemed to have been committed in Canada under certain circumstances. The provision concludes by specifying the jurisdiction of either the Attorney General of Canada or the Attorney General or Solicitor General of the province in relation to specific offences under sections 380, 382, 382.1 and 400. Overall, section 2 of the Criminal Code of Canada is an essential provision that clarifies the jurisdiction of the Attorney General in various criminal proceedings. It ensures that the right Attorney General is responsible for prosecuting the offence, and there is no confusion or overlap of jurisdiction. This provision facilitates the smooth functioning of the criminal justice system and increases the efficiency of criminal proceedings.
STRATEGY
Section 2 of the Criminal Code of Canada defines the roles of the Attorney General and the Solicitor General in both federal and provincial legal proceedings. Some strategic considerations that should be taken into account when dealing with this section include understanding the jurisdiction in which the offence was committed, and determining which Attorney General or Solicitor General has the authority to initiate the proceedings. Depending on the particular facts of the case, strategic considerations may include whether to bring charges in federal or provincial court, whether to seek assistance from other jurisdictions, and how to effectively manage the complex procedural requirements involved. One possible strategy for dealing with this section of the Criminal Code is to engage with both federal and provincial legal authorities in order to ensure that all necessary resources and support are available for the prosecution of the case. This may involve working closely with law enforcement agencies on the ground, as well as with prosecutors and legal experts at both the federal and provincial level. Another strategy may be to carefully evaluate the evidence and determine whether there are any weaknesses or vulnerabilities in the case that could provide an opportunity for suppression of evidence or other legal challenges. This may require close collaboration with expert witnesses and legal researchers, as well as a detailed understanding of the procedural guidelines outlined in Section 2 of the Criminal Code. Ultimately, the key to navigating the complex legal terrain of Section 2 of the Criminal Code of Canada is to stay focused on the specific objectives of the case, while being flexible and adaptable in response to changing legal circumstances and developments. By working closely with legal authorities and expert advisors, and by leveraging the latest legal technologies and strategies, it is possible to develop an effective and successful approach to prosecuting criminal offences under this important section of the Criminal Code.
CATEGORIES