INTRODUCTION AND BRIEF DESCRIPTION
This section allows the court to hold an inquiry to determine whether a stay of proceedings should be ordered after receiving a recommendation.
SECTION WORDING
672.851(3) As soon as practicable after receiving the recommendation referred to in subsection (1), the court may hold an inquiry to determine whether a stay of proceedings should be ordered.
EXPLANATION
Section 672.851(3) of the Canadian Criminal Code outlines the process that a court must follow upon receiving a recommendation for a stay of proceedings. This section stipulates that once the recommendation is received, the court can hold an inquiry to determine whether a stay should be ordered. The purpose of a stay of proceedings is to put a halt on a criminal case before it goes to trial. Stays of proceedings may be ordered for various reasons, including if there is a violation of the accused's rights, if the prosecution has acted in bad faith, or if it is in the interest of justice. The inquiry referred to in this section serves as a means for the court to determine whether a stay is appropriate under the circumstances. Inquiries are typically conducted in open court, and both the prosecution and defence are given an opportunity to make submissions. The court may consider the seriousness of the offence, the impact on the accused's rights, and any other relevant factors in making its decision. If the court decides that a stay of proceedings is warranted, the trial will be effectively terminated, and the accused will not be found guilty or acquitted. In summary, Section 672.851(3) of the Criminal Code of Canada outlines the process that a court must follow upon receiving a recommendation for a stay of proceedings. The purpose of the inquiry referred to in this section is to determine whether a stay is appropriate, and if so, to end the criminal proceedings without the accused being found guilty or acquitted.
COMMENTARY
Section 672.851(3) of the Criminal Code of Canada provides the court with the authority to hold an inquiry to determine whether a stay of proceedings should be ordered. This section is an essential component of the criminal justice system, as it allows the courts to ensure that justice is being served and that the rights of the accused are protected. A stay of proceedings is a court order that brings an end to a criminal prosecution. It is a powerful tool used by the courts to protect the rights of the accused and ensure that justice is being served. A stay of proceedings can be ordered for a variety of reasons, including a violation of the accused's constitutional rights, an abuse of process by the prosecution, or a lack of evidence to support the charges. The purpose of an inquiry under section 672.851(3) is to provide the court with the information necessary to determine whether a stay of proceedings should be ordered. The inquiry is typically conducted by a judge and may involve the examination of witnesses, the review of evidence, and the consideration of legal arguments. In some cases, the inquiry may be initiated by the court, while in others, it may be initiated by the accused. The court may also order an inquiry on its own initiative if it believes that a stay of proceedings may be appropriate. The importance of section 672.851(3) cannot be overstated. It demonstrates the commitment of the Canadian criminal justice system to protect the rights of the accused and ensure that justice is being served. By providing the court with the authority to order a stay of proceedings, this section serves as a safeguard against abuses of power by the prosecution and protects the integrity of the criminal justice system. In conclusion, section 672.851(3) of the Criminal Code of Canada is a critical provision that allows the courts to protect the rights of the accused and ensure that justice is being served. The power to order a stay of proceedings is an essential tool that must be used judiciously and with careful consideration of all the facts and circumstances of each case. By doing so, the criminal justice system in Canada can continue to uphold the principles of fairness, justice, and the rule of law.
STRATEGY
Section 672.851(3) of the Criminal Code of Canada deals with the option of a stay of proceedings, which is an important strategic consideration in criminal law practice. This provision can be used by lawyers to achieve various objectives in a case, including protecting the client's rights, preserving evidence, and avoiding unnecessary delays. The section's language is broad enough to allow for various arguments, but there are also limitations that must be considered. Below are some strategic considerations and strategies that lawyers may employ when dealing with this section of the Criminal Code of Canada. Strategic Considerations 1. Timing: Lawyers must carefully consider the timing of their request for a stay of proceedings. It is important to bring up the issue at the earliest possible stage, as it can be difficult to obtain a stay later on. Furthermore, counsel may have to show that a delay has already occurred to justify the request. This means that taking a wait-and-see approach may not be effective. 2. Grounds: The basis for requesting a stay of proceedings must be sound. Lawyers should be prepared to provide evidence that the delay has caused their clients prejudice, misconduct by the Crown or police, or other factors that would make a stay appropriate. Any allegations made must be backed up with evidence, and the threshold for demonstrating prejudice is high under Canadian law. 3. Alternative Remedies: Lawyers should also consider whether there are any other options available that may be more appropriate than a stay of proceedings. For example, a judge may order a stay only on certain charges, or may adjourn the case to allow the parties to address any issues. Alternatively, counsel could consider filing a Charter challenge based on a violation of their client's rights, which can be more effective in some cases. Strategies 1. Timing: One strategy is to request a stay of proceedings at the earliest stage possible, such as at the first appearance. This will give the counsel the best chance of obtaining a stay, as they will not have to demonstrate any prejudice caused by delay. Lawyers may also consider using the threat of a stay as leverage to pressure the Crown into withdrawing the charges or reaching a plea deal. 2. Grounds: When arguing for a stay of proceedings, lawyers should focus on demonstrating actual prejudice caused by a delay, misconduct by the Crown or police, or other factors that would make a stay appropriate. This may involve preparing witness statements, expert reports, or other evidence to support the argument. Lawyers should also be prepared to anticipate and respond to any counterarguments raised by the Crown. 3. Alternative Remedies: If a stay of proceedings is not available or appropriate, lawyers may consider other remedies, such as adjourning the case or seeking a Charter remedy. Counsel may also be able to address some of the issues that would otherwise justify a stay through other means, such as filing a disclosure motion or seeking a pre-trial conference. In conclusion, Section 672.851(3) provides lawyers with an important strategic tool in criminal cases. To make the most effective use of this section, lawyers must carefully consider the timing and grounds for their request, as well as alternative remedies that may be available. By doing so, counsel can better protect the rights and interests of their clients.