Criminal Code of Canada - section 462.46(1) - Copies of documents returned or forfeited

section 462.46(1)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General may make and retain a copy of a document that has been forfeited or otherwise dealt with under various subsections.

SECTION WORDING

462.46(1) If any document is returned or ordered to be returned, forfeited or otherwise dealt with under subsection 462.34(3) or (4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43, the Attorney General may, before returning the document or complying with the order, cause a copy of the document to be made and retained.

EXPLANATION

Section 462.46(1) of the Criminal Code of Canada is an essential provision that outlines the Attorney General's authority to retain a copy of any document that is returned, forfeited or otherwise dealt with by the court under a particular provision of the code. The section gives the Attorney General the power to retain a copy of such a document before it is returned or the order is complied with. The referenced provisions of the Criminal Code relate to various situations where documents such as certificates of ownership, deeds, and other property documents may be confiscated or seized in relation to criminal investigations or prosecutions. The section applies to situations where the court orders the return of a document or forfeits it to the Crown following a conviction or when the Crown seeks a forfeiture order of the document to prevent its use in further criminal activities. By allowing the Attorney General to retain a copy of the forfeited document, the section serves various important purposes. It enables the government to retain valuable evidence, which can be used in subsequent investigations or prosecutions. It may further allow the government to trace the flow of assets or connections to other criminal activities, thus contributing to the effective resolution of criminal offences. In summary, Section 462.46(1) reinforces the Criminal Code's goal of preventing and suppressing criminal activities by ensuring that the seized documents are not returned to the hands of criminals but rather, can be used as evidence in ongoing or future investigations and prosecutions.

COMMENTARY

Section 462.46(1) of the Criminal Code of Canada empowers the Attorney General to make and retain a copy of any document that has been returned, forfeited or otherwise dealt with under specified provisions of the Criminal Code, before returning the original document or complying with the order. The section is part of a larger framework of criminal law that enables the state to confiscate and dispose of property that is connected to criminal activity, such as proceeds of crime, weapons, and contraband. The rationale for this provision is to allow the state to maintain a record of the confiscated or forfeited documents, even if they are returned to their rightful owners or destroyed after compliance with an order. This record can be useful for future investigations or prosecutions, as it may contain valuable evidence or information about the criminal activity that led to the forfeiture or confiscation. However, this provision raises some important legal and policy issues that require closer scrutiny. One potential concern is the possibility of abuse or misuse of the power to make and retain copies of documents. For example, the Attorney General could use this power to gather information about individuals or organizations that are not directly involved in criminal activity, but are connected to the confiscated or forfeited documents in some way. This could violate their privacy and civil liberties, and could create a chilling effect on legitimate activities that are mistakenly associated with criminal activity. Moreover, there may be issues related to the retention and use of the copied documents by the state. For instance, the copied documents may contain sensitive or confidential information, such as trade secrets, personal data, or legal advice, that should not be disclosed to third parties or used for other purposes without proper authorization. Additionally, there may be questions about the duration of the retention, the security measures that should be in place to protect the copied documents, and the conditions under which they can be used or accessed by law enforcement officials. To address these concerns, it is important to ensure that the power to make and retain copies of confiscated or forfeited documents is subject to appropriate checks and balances. This could involve requiring a court order or other independent oversight mechanism before the copies can be made, imposing strict limitations on the retention and use of the copied documents, and providing clear guidance on the procedures and safeguards that must be followed by the state in handling the copied documents. In conclusion, section 462.46(1) of the Criminal Code of Canada grants the Attorney General the power to make and retain copies of confiscated or forfeited documents for legitimate law enforcement purposes. However, this power must be exercised with care and discretion, and subject to appropriate legal and policy safeguards, in order to balance the interests of crime control with the protection of individual rights and freedoms.

STRATEGY

Section 462.46(1) of the Criminal Code of Canada is an important provision that deals with the treatment of documents that have been returned, forfeited, or otherwise dealt with under various other sections of the Code. This provision allows the Attorney General to make and retain a copy of such documents before returning them or complying with any order related to them. There are several strategic considerations that need to be taken into account when dealing with this provision, and various strategies can be employed to achieve the intended outcome. One of the primary considerations when dealing with section 462.46(1) is the purpose for which the copy of the document is being made. In many cases, the Attorney General will want to make a copy of the document to maintain an official record of its contents, in case it is needed as evidence or for other legal purposes in the future. In some instances, however, a copy may also be made as part of a broader strategy to gather intelligence or build a case against individuals or organizations that may be engaging in criminal activity. Another important consideration when dealing with section 462.46(1) is the timing of when to make the copy of the document. In some cases, it may be appropriate to make the copy immediately upon the document being returned or forfeited. This approach ensures that the copy accurately reflects the contents of the original document and that there is no risk of the original document being lost or destroyed. However, in other cases, it may be appropriate to delay making the copy until after the Attorney General has completed a broader investigation or evaluation of the potential legal implications of the original document. A third consideration when dealing with section 462.46(1) is the scope and nature of the copy that is being made. Depending on the contents of the original document and the specific legal context in which it is being dealt with, it may be necessary to make a complete and exact copy of the document, or it may be feasible to make a redacted or abbreviated version that omits certain sensitive or irrelevant information. The scope and nature of the copy will depend on various factors, including the intended use of the copy, the legal requirements governing the original document, and the level of sensitivity of the information contained in the document. In terms of strategies that could be employed when dealing with section 462.46(1), there are several options that may be appropriate depending on the specific circumstances. One strategy might be to make the copy of the document in such a way that it is admissible as evidence in court. This could involve ensuring that the copy is made in a manner that preserves the integrity of the original document, such as through the use of secure or encrypted file storage techniques. Another strategy might be to use the copy of the document as part of a broader intelligence or surveillance operation, gathering additional information or insights from the document that can be used to build a case against suspects or criminal organizations. Overall, section 462.46(1) of the Criminal Code of Canada is a complex and important provision that requires careful consideration and strategic thinking to ensure that it is used effectively and appropriately in all cases. By taking into account the various legal and practical considerations that govern the use of this provision, and by employing effective strategies to achieve an intended outcome, it is possible to uphold the law and protect the public interest in a responsible and transparent manner.