Criminal Code of Canada - section 672.851(8) - Proper administration of justice

section 672.851(8)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the factors the court must consider when deciding whether to grant a stay of proceedings in a criminal case.

SECTION WORDING

672.851(8) In order to determine whether a stay of proceedings is in the interests of the proper administration of justice, the court shall consider any submissions of the prosecutor, the accused and all other parties and the following factors: (a) the nature and seriousness of the alleged offence; (b) the salutary and deleterious effects of the order for a stay of proceedings, including any effect on public confidence in the administration of justice; (c) the time that has elapsed since the commission of the alleged offence and whether an inquiry has been held under section 672.33 to decide whether sufficient evidence can be adduced to put the accused on trial; and (d) any other factor that the court considers relevant.

EXPLANATION

Section 672.851(8) of the Criminal Code of Canada sets out the factors that a court must consider when deciding whether to grant a stay of proceedings in a criminal case. A stay of proceedings is an order that stops the prosecution of a criminal case, either temporarily or permanently. The court must consider the nature and seriousness of the alleged offence, as well as the salutary and deleterious effects of granting a stay of proceedings. Salutary effects refer to the benefits, while deleterious effects refer to the harm that could result from the order. The court must also consider the impact that a stay of proceedings could have on public confidence in the administration of justice. Another factor that the court must consider is the time that has elapsed since the alleged offence was committed and whether an inquiry has been held to determine if there is enough evidence to go to trial. This is because delays in the prosecution of a case can be detrimental to both the accused and the public interest in the administration of justice. Finally, the court must consider any other relevant factors that may impact the proper administration of justice. This could include factors such as the accused's criminal record, the availability of witnesses, and the interests of any victims. Overall, the purpose of Section 672.851(8) is to ensure that the court carefully considers the interests of justice when deciding whether to grant a stay of proceedings. By taking into account these factors, the court can balance the rights of the accused with the public interest in the fair and effective administration of justice.

COMMENTARY

Section 672.851(8) of the Criminal Code of Canada outlines the factors that must be considered when determining whether a stay of proceedings is in the interests of the proper administration of justice. A stay of proceedings essentially means that the charges against an accused person are withdrawn and the case is not pursued any further. The first factor that must be considered is the nature and seriousness of the alleged offence. This is an important consideration because some offences may be less serious than others and may not warrant a stay of proceedings. For example, a minor traffic violation may not require a stay of proceedings while a serious violent offense may require one. The second factor to consider is the salutary and deleterious effects of the order for a stay of proceedings. This involves weighing the benefits of the stay of proceedings against any negative impacts it may have on the administration of justice. If granting a stay of proceedings would bring about a positive outcome, such as freeing up court resources or ending a prolonged legal battle, it may be deemed in the interest of justice. The third factor is the time that has elapsed since the commission of the alleged offence and whether an inquiry has been held under section 672.33. If a significant amount of time has passed since the offence was allegedly committed and an inquiry has been held to determine whether there is sufficient evidence to proceed to trial, a stay of proceedings may be justified. The final factor to consider is any other relevant factor that the court deems necessary. This allows for flexibility in the decision-making process and considers any unique circumstances or factors that may impact the decision of whether to grant a stay of proceedings. It is important to note that the decision to grant a stay of proceedings is not taken lightly and is only done so when it is in the interest of justice to do so. Public confidence in the administration of justice is also a key consideration as it is important to maintain the public's trust in the justice system. Overall, Section 672.851(8) provides a framework for determining whether a stay of proceedings is appropriate and ensures that all relevant factors are taken into consideration. It is a vital component of the Criminal Code of Canada as it ensures that justice is served in a fair and unbiased manner.

STRATEGY

One strategic consideration when dealing with section 672.851(8) of the Criminal Code of Canada is to carefully assess the nature and seriousness of the alleged offence. This involves analyzing the evidence against the accused and determining the strength of the case. If the evidence is weak or unreliable, it may be prudent to make submissions to the court for a stay of proceedings. Another strategic consideration is to evaluate the salutary and deleterious effects of the order for a stay of proceedings. This involves weighing the impact of such an order on public confidence in the administration of justice. If the alleged offence is of a serious nature and the evidence against the accused is strong, seeking a stay of proceedings may damage public confidence in the justice system. Conversely, if the evidence against the accused is weak or unreliable, seeking a stay of proceedings may help to restore public confidence. A third strategic consideration is to assess the time that has elapsed since the commission of the alleged offence and whether an inquiry has been held under section 672.33 to decide whether sufficient evidence can be adduced to put the accused on trial. If a substantial amount of time has elapsed and no inquiry has been held, this may indicate weaknesses in the case against the accused. Making submissions to the court for a stay of proceedings based on this factor may be advantageous. A fourth strategic consideration is to identify any other factors that the court may consider relevant to the decision to grant a stay of proceedings. This may include factors such as the impact on the accused's family, the severity of any sentences that may be imposed if found guilty, and the accused's prior criminal record. In terms of strategies, one approach may be to carefully prepare submissions to the court based on the above factors. This involves conducting a thorough review of the evidence against the accused, analyzing the impact of a stay of proceedings on public confidence in the justice system, and identifying other relevant factors that may support the argument for a stay. Another strategy may be to engage in negotiations with the prosecutor to explore the possibility of a plea bargain or other alternative resolution. This may involve offering to plead guilty to a lesser offence in exchange for a stay of proceedings on the more serious charges. Overall, navigating section 672.851(8) of the Criminal Code of Canada requires careful analysis of the facts and circumstances of each case, and an understanding of the strategic considerations and potential strategies that may be employed.