INTRODUCTION AND BRIEF DESCRIPTION
The annual report cannot contain information that would compromise ongoing investigations, identities of public officers or informants, endanger lives, prejudice legal proceedings or be contrary to public interest.
SECTION WORDING
25.3 (2) The annual report shall not contain any information the disclosure of which would (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament; (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer; (c) endanger the life or safety of any person; (d) prejudice a legal proceeding; or (e) otherwise be contrary to the public interest.
EXPLANATION
Section 25.3(2) of the Criminal Code of Canada specifies the information and details that should be excluded from the annual report. This section lays down the conditions that would determine the disclosure of certain information and would not be in the public interest. These exclusions are enacted to uphold and protect fundamental societal values such as privacy, safety, and confidentiality. The first exclusion under this section is if the disclosure of information would compromise or hinder an ongoing investigation of an offence under an Act of Parliament. This provision ensures that ongoing investigations remain confidential and away from public reach to uphold the sanctity of the legal process. The second exclusion prohibits the inclusion of information that would compromise the identity of a public officer acting in an undercover capacity, a confidential informant, or a person acting covertly under the direction and control of a public officer. This is crucial in the protection of individuals that play a pivotal role as key informants and undercover officers in the criminal justice system. The third exclusion prohibits the inclusion of information that would endanger the life or safety of any person. This is necessary to prevent the possibility of endangering individuals through disclosure of sensitive information that can cause a threat to public safety. The fourth exclusion aims to prevent the inclusion of information that would prejudice a legal proceeding. This provision upholds the legal principle of fair trial and protects the rights of the accused to a fair and impartial trial. Lastly, Section 25.3(2) includes a catch-all provision that prohibits the disclosure of any information that would be contrary to the public interest. This ensures that any other information not explicitly mentioned under the previous conditions is still evaluated and filtered based on its overall impact on the society. In conclusion, Section 25.3(2) of the Criminal Code of Canada outlines the prohibitions that apply to the inclusion of different categories of information and details in the annual report to protect the interests of the society and uphold the rule of law.
COMMENTARY
Section 25.3(2) of the Criminal Code of Canada provides criteria for the annual report which is issued by the Minister of Public Safety regarding the use of national security agencies, including the Canadian Security Intelligence Service (CSIS). The section outlines specific information that cannot be included in the annual report, the disclosure of which would hinder an ongoing investigation, compromise the identity of a public officer, endanger someone’s life or safety, prejudice legal proceedings, or be contrary to the public interest. This section of the Criminal Code of Canada is essential for protecting national security and the confidentiality of government operations. It safeguards ongoing investigations without compromising their success. It also protects public officers who work covertly to maintain a safe environment for Canadians and prevent criminal activity from disrupting society. Moreover, this section upholds fundamental human rights by protecting the identity of confidential informants and public officers working undercover, who provide critical information to national security agencies but might face grave consequences if their identities are revealed. It is crucial to acknowledge the work they do and the significance of the risks they take in their line of duty. Additionally, Section 25.3(2) is critical for ensuring fairness and justice in legal proceedings. By preventing the disclosure of information that could prejudice legal proceedings, the section ensures that all individuals are treated fairly in the courts of law and that legal decisions are made based on evidence and facts, not hearsay or prejudgments. Lastly, the section recognizes the importance of the public interest and the need for transparency and accountability of national security agencies. It sets clear boundaries for what information can and cannot be disclosed in the annual report, so that people can trust the government’s ability to maintain law and order and protect their safety and security. Overall, Section 25.3(2) of the Criminal Code of Canada is a vital provision that recognizes the need for balancing national security with human rights, justice, and accountability. Its safeguards ensure that essential information is protected from disclosure while still providing Canadians with confidence in our government’s efforts to ensure their safety and security.
STRATEGY
Section 25.3(2) is a provision in the Criminal Code of Canada that outlines what information cannot be included in an annual report. As such, it is critical for individuals and organizations to be aware of this provision and the strategies that can be employed to ensure compliance with it. Here are some strategic considerations to keep in mind when dealing with this section of the Criminal Code: Understand the Scope of the Section: The first step in complying with section 25.3(2) is to clearly understand the scope of the provision. This includes understanding what types of information are prohibited from being disclosed in an annual report, including information that could compromise an ongoing investigation, endanger the life or safety of any person, or prejudice a legal proceeding. Additionally, it is important to understand the penalties for non-compliance with this section of the Criminal Code. Develop Clear Policies and Procedures: Once the scope of section 25.3(2) is understood, it is critical to develop clear policies and procedures for dealing with information that cannot be included in an annual report. This includes developing procedures for identifying and handling sensitive or confidential information, as well as procedures for determining whether or not certain information should be included in an annual report. Train Personnel: To ensure compliance with section 25.3(2), it is important to provide training to all personnel who may be involved in the preparation of an annual report. This includes training on the scope of the provision, as well as training on the policies and procedures that have been developed to address it. Employ Secure Communication Channels: To protect sensitive or confidential information, it is important to employ secure communication channels when transmitting information. This includes using encrypted email and file transfer protocols to ensure that confidential information is not intercepted or intercepted by unauthorized parties. Consider Hiring a Consultant: If an organization is unsure of how to comply with section 25.3(2), or if they lack the necessary resources to do so, they may consider hiring a consultant. A consultant can provide guidance on how to comply with the provision, as well as assistance in developing policies and procedures that are designed to address it. In conclusion, section 25.3(2) of the Criminal Code of Canada is a provision that requires organizations to carefully consider what information can be included in an annual report. To comply with this provision, it is critical for organizations to understand its scope, develop clear policies and procedures for handling sensitive or confidential information, train personnel, employ secure communication channels, and consider hiring a consultant. By following these strategies, organizations can ensure compliance with section 25.3(2) and protect sensitive information from unauthorized disclosure.