INTRODUCTION AND BRIEF DESCRIPTION
This section defines the term prosecutor in relation to criminal proceedings.
SECTION WORDING
785 In this Part, "prosecutor" means the Attorney General or, where the Attorney General does not intervene, the informant, and includes counsel or an agent acting on behalf of either of them.
EXPLANATION
Section 785 of the Criminal Code of Canada is a definition section that outlines the meaning of the term "prosecutor" for the purposes of the Criminal Code. Specifically, the term "prosecutor" is defined to mean either the Attorney General or the informant, and can also include counsel or an agent acting on behalf of either of them. The Attorney General is the chief legal advisor to the government and has the responsibility to represent the Crown in criminal matters. The Attorney General may choose to intervene in a criminal case and prosecute the accused directly, or delegate this responsibility to a Crown prosecutor. If the Attorney General chooses not to intervene in a case, the role of prosecutor may fall to the informant. An informant is someone who provides information to law enforcement about a crime, and in some cases, may take on a more active role in the prosecution of the accused. The definition of prosecutor in Section 785 also includes counsel or an agent acting on behalf of either the Attorney General or the informant. This means that lawyers or other representatives can act as prosecutors in criminal cases on behalf of the state or the informant. Overall, this section helps to clarify the different roles and responsibilities of those who may act as prosecutors in criminal proceedings under the Criminal Code of Canada.
COMMENTARY
Section 785 of the Canadian Criminal Code defines an important term that is often used in the criminal justice system in Canada - that of the prosecutor". The section defines a prosecutor as the Attorney General or the informant, and also includes counsel or agent acting on their behalf. The purpose of this definition is to ensure clarity and consistency in the interpretation of this term for the purpose of prosecuting criminal offenses in Canada. The first entity that is defined as a prosecutor in this section is the Attorney General. This term refers to the chief law officer of the federal or provincial government who is responsible for legal affairs and prosecutions in their respective jurisdictions. In essence, the Attorney General is the top prosecutor in the country and is tasked with ensuring that the laws are enforced in a fair and impartial manner. They are also responsible for ensuring that the public interest is served in the prosecution of criminal offenses and that justice is achieved for all involved parties. However, in situations where the Attorney General does not intervene in a case, the second entity that is defined as a prosecutor is the informant. An informant is a person who provides information to law enforcement officials about criminal activities. However, not all informants are considered to be prosecutors. In order to be classified as a prosecutor under the Criminal Code, the informant must be actively involved in the prosecution of the case and have a role in the presentation of evidence to support the charge. In addition to the above two entities, section 785 also defines the term prosecutor to include counsel or agents acting on behalf of the Attorney General or informant. This means that a lawyer or agent can also act as a prosecutor in certain situations. This could be the case when the Attorney General or informant has delegated some of their responsibilities to counsel or other agents. It could also be the case when the prosecutor needs additional legal or administrative support in order to prosecute a case effectively. Overall, the definition of prosecutor provided in section 785 of the Criminal Code is important for ensuring that the criminal justice system in Canada operates smoothly and efficiently. By clearly defining this term, the section ensures that there is no ambiguity in the roles and responsibilities of the Attorney General, informants, and counsel/agents acting on their behalf. This ensures that Canadians have access to a fair and impartial justice system, with all parties involved in the prosecution of criminal offenses playing their role effectively and efficiently.
STRATEGY
Section 785 of the Criminal Code of Canada provides definitions for the term "prosecutor" in the context of criminal proceedings. A prosecutor is defined as the Attorney General or, in cases where the Attorney General does not intervene, the informant. The definition also includes counsel or an agent acting on behalf of either of them. This section has several strategic considerations that should be kept in mind when dealing with criminal cases. One of the main strategic considerations when dealing with Section 785 is the role of the prosecutor in criminal proceedings. The prosecutor has a significant amount of power in criminal proceedings, as they are responsible for initiating and leading the prosecution against the accused. As such, it is important for defense counsel to be aware of the role of the prosecutor and to strategize accordingly. The prosecutor may have a different approach depending on the type of case or the evidence against the accused. Therefore, defense counsel must be able to anticipate the prosecutor's strategy and develop counter-strategies to weaken the prosecution's case. Another strategic consideration when dealing with Section 785 is the importance of choosing the right defense counsel. The defense counsel's role is to represent the interests of the accused against the prosecution. As such, defense counsel must have strong litigation skills, knowledge of the law, and experience with similar cases. The right counsel can help the accused to navigate the criminal justice system and build a strong defense against the allegations. A strategy that can be employed when dealing with Section 785 is the use of pre-trial motions. Pre-trial motions are legal arguments made by the defense before the trial begins. These motions can be used to challenge the admissibility of evidence or to dismiss charges against the accused before trial. By using pre-trial motions, defense counsel can weaken the prosecution's case and potentially win the case before it goes to trial. Another strategy that can be employed when dealing with Section 785 is the negotiation of plea deals. In some cases, the prosecution may offer the accused a plea deal in exchange for a guilty plea. The terms of the deal may include reduced charges or a lesser sentence. Defense counsel must weigh the potential benefits and drawbacks of a plea deal and advise their client accordingly. In conclusion, Section 785 of the Criminal Code of Canada provides important definitions for the term "prosecutor" in criminal proceedings. Strategic considerations when dealing with this section include understanding the role of the prosecutor, choosing the right defense counsel, and employing strategies like pre-trial motions and plea deals. By being aware of these considerations, defense counsel can better navigate the criminal justice system and build a strong defense against the allegations.