C-25.1 - Code of Penal Procedure

Section 11 Disposition versions

2021-01-01

11. The Attorney General or the Director of Criminal and Penal Prosecutions may, if of the opinion that the public interest so requires,

(1)  intervene as a party in first instance to take or not take the place of the party who instituted proceedings;

(2)  intervene as a party in appeal to take or not take the place of the party who was prosecutor in first instance;

(3)  order proceedings stayed before judgment is rendered in first instance, whether or not the proceedings were instituted by the Attorney General or the Director of Criminal and Penal Prosecutions or by any other prosecutor; and

(4)  allow proceedings to be continued within six months of being stayed, whether or not the proceedings were instituted by the Attorney General or the Director of Criminal and Penal Prosecutions or by any other prosecutor.

The intervention, stay or continuation commences, without notice or formality and without having to prove an interest, when the representative of the Attorney General or of the Director of Criminal and Penal Prosecutions informs the clerk. The clerk shall inform the parties without delay.

Where the Attorney General or the Director of Criminal and Penal Prosecutions intervenes as a party to a proceeding, he becomes a party to any subsequent proceeding.

The intervention of either as a party in first instance to take the place of the party who instituted proceedings modifies the designation of the prosecutor in the statement of offence.

1987, c. 96, a. 11; 2005, c. 34, s. 46; 2020, c. 12, s. 2.

2007-03-15

11. The Attorney General or the Director of Criminal and Penal Prosecutions may

(1)  intervene in first instance to take charge of a prosecution;

(2)  intervene in appeal to take place of the party who was prosecutor in first instance;

(3)  order proceedings stayed before rendering of judgment in first instance;

(4)  allow proceedings to be continued within six months of being stayed.

The intervention, stay or continuation commences when the representative of the Attorney General or of the Director of Criminal and Penal Prosecutions notifies the clerk. The clerk shall immediately notify the parties.

1987, c. 96, a. 11; 2005, c. 34, s. 46.

1999-04-01

11. The Attorney General may

(1)  intervene in first instance to take charge of a prosecution;

(2)  intervene in appeal to take place of the party who was prosecutor in first instance;

(3)  order proceedings stayed before rendering of judgment in first instance;

(4)  allow proceedings to be continued within six months of being stayed.

The intervention, stay or continuation commences when the representative of the Attorney General notifies the clerk. The clerk shall immediately notify the parties.

1987, c. 96, a. 11.