The courts have recognized the legal basis of the power to grant immunity, although there is no explicit provision in the Penal Code (Code) authorizing the practice. Footnote 3 There are various mechanisms for the Crown to grant immunity under Canadian criminal law. Norm didn`t know the store was already being watched. According to Norm, the federals broke in and arrested Norm`s neighbors. Checking the store`s receipts, they discovered that Norm himself was a frequent shopper and bought tons of kung fu movies to spend the sleepless nights. Thinking he was completely protected, Norm told his story before the grand jury that filed a lawsuit against the neighbors. The investigation into the store found that the exploitation of stolen DVDs was significant and brought in millions of dollars, so law enforcement also sued some of the top buyers. Norm was shocked, of course, when he was charged a few weeks later. He called the agent who looked so nice. “I thought I had immunity, idiot!” There are many ways to bring back statements made under immunity to prosecute a witness. Before providing information to the government in exchange for immunity, it is important to consult an experienced lawyer who can explain the possible consequences and your rights. I confirm that I have received a copy of this agreement, that I have read it, if necessary, I have had it explained in whole or in part, and I understand it.
I also acknowledge that the terms of my agreement with the Crown in Right of Canada with respect to my provision of information and/or documents to the investigating authority in respect of the investigator. There have been no promises or assurances to me that are not disclosed in this agreement. I was fully informed of my rights by a lawyer of my choice. I am aware of the legal consequences of Canadian legislation for those who, in these circumstances, would knowingly provide false, misleading or incomplete information. Finally, I acknowledge that I fully understand my rights under Canadian law and that I am voluntarily defending this agreement. NOTE: The content of an immunity agreement varies depending on the facts of the case. You will find an example below. When designing agreements, counsel should consider the issues described in Appendix “A” to ensure completeness.
The document should be drafted in a legal form and not in the form of a letter addressed to the witness. Footnote 34 Pursuant to Article 579 of the Code, the Director of Public Prosecutor`s Office (DPP) or his or her mandatary has the legal power to suspend existing criminal proceedings in appropriate cases. If the Crown wishes to revive the proceedings, the Crown must inform the Clerk of the de stay within one year of the date of entry of the stay. The Crown attorney must be aware of this time limitation in the development of immunity agreements, particularly where the terms of the agreement require the information provider to do or refrain from doing anything during that period. The dangers of dependence on immunity seekers are well known. Footnote 8 The person may attempt to acquire lenient treatment by falsely blaming others. Since the witness is aware of the circumstances of the offence, he is able to impute certain acts to innocent people. . . .
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