section 486.5(3)

INTRODUCTION AND BRIEF DESCRIPTION

An order made under this section does not apply if information is disclosed for the purpose of administering justice and not to make the information known in the community.

SECTION WORDING

486.5(3) An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice if it is not the purpose of the disclosure to make the information known in the community.

EXPLANATION

Section 486.5(3) of the Criminal Code of Canada provides an exemption for the disclosure of information in the course of the administration of justice. This means that an order made under this section, which prohibits the publication of certain information related to a criminal proceeding, does not apply if the disclosure of such information is not intended to make it known in the community. The purpose of this exemption is to ensure that the administration of justice is not hindered by a complete ban on the disclosure of information. In some cases, the disclosure of certain information may be necessary for the proper functioning of the court system, such as when evidence is presented to a judge or jury in a criminal trial. This exemption ensures that such information can be disclosed without being in violation of an order made under this section. However, it is important to note that this exemption only applies when the disclosure of information is not intended to make it known in the community. This means that information disclosed during the course of the administration of justice must be kept confidential and only used for the purpose for which it was disclosed. Any unauthorized disclosure of such information could result in a breach of the order made under this section, which could lead to legal consequences. Overall, section 486.5(3) of the Criminal Code of Canada strikes a balance between protecting the rights of individuals involved in criminal proceedings and ensuring that the administration of justice is not hindered by excessive restrictions on the disclosure of information.

COMMENTARY

Section 486.5(3) of the Criminal Code of Canada has been implemented to establish limitations on the non-disclosure order made by the court or any other legal authority. The order states that it does not apply in case of disclosure of information that is required in the administration of justice unless it is the primary purpose of the disclosure to spread the information in the community. The administration of justice is one of the primary objectives of any legal system. It aims to ensure that the principles of equity, fairness, and impartiality are upheld to maintain public order and security. It is necessary to disclose relevant information to the parties involved in a case to enable them to present their side of the story in front of the court of law. The legal system provides various mechanisms to ensure this, such as discovery, testimony, and cross-examination. However, in some cases, there is a need to limit the disclosure of information to certain parties. This may be done to protect the privacy and security of the parties involved or to preserve confidential information such as trade secrets or national security. In such a situation, the court may issue an order of non-disclosure to restrict the disclosure of information. Section 486.5(3) of the Criminal Code of Canada ensures that such non-disclosure orders do not interfere with the administration of justice. It allows the disclosure of information required for the administration of justice and prevents parties from using the non-disclosure order as a tool to impede the legal process. The section, however, does not apply in case the primary purpose of the disclosure is to make the information publicly known. The aim of this provision is to strike a balance between the right to privacy and the right to know. This section ensures that the disclosure of information in the administration of justice is not unnecessarily restricted, allowing litigants access to information necessary for a fair and just trial. However, it also protects the privacy rights of the parties by limiting the use of information for purposes other than the administration of justice. In conclusion, Section 486.5(3) of the Criminal Code of Canada provides a necessary limitation on the non-disclosure orders issued by the court or other legal authorities to ensure that the administration of justice is not hampered by such orders. It strikes a balance between the need for privacy and the need for disclosure of information in the interest of justice. Its successful implementation will lead to a more just and equitable legal process.

STRATEGY

Section 486.5(3) of the Criminal Code of Canada contains an important provision on the disclosure of information in the administration of justice. This provision limits the scope of certain orders to prevent disclosure of information obtained during criminal proceedings. In this essay, we will examine some strategic considerations when dealing with this section of the Criminal Code and explore strategies that could be employed to ensure compliance with this provision. One strategic consideration when dealing with section 486.5(3) is the need to balance the rights of the accused, the interests of the administration of justice, and the public interest. This provision is intended to protect the privacy and confidentiality of witnesses and victims of crime. However, the provision does not apply if the disclosure of information is made in the course of the administration of justice and is not intended to make the information known in the community. Therefore, practitioners must ensure that the disclosure they are making is for a legitimate purpose, such as the protection of a witness or victim, and not to make the information public or to gain an unfair advantage in the proceedings. Another strategic consideration is the need to be aware of the exceptions to this provision. It is important to note that section 486.5(3) does not apply in all situations. For example, an order can still be made under this section if the disclosure of information is for the purpose of serving and protecting the public or preventing or investigating a crime. Therefore, practitioners must carefully consider whether the disclosure they are making comes within the scope of this section and whether any exceptions apply. One strategy that could be employed to ensure compliance with section 486.5(3) is to carefully review and analyze each case to determine the purpose of the disclosure. Practitioners should document the reasons for the disclosure and ensure that it is not intended to make the information public or gain an unfair advantage in the proceedings. This strategy may involve consulting with witnesses and victims to determine what information they are comfortable with being disclosed and how it can be disclosed without compromising their privacy or safety. Another strategy that could be employed is to use alternative methods of disclosure, such as redaction or anonymization, to protect the identity of witnesses and victims. This strategy may be particularly useful in cases involving sensitive information that could be harmful if disclosed publicly. By using redaction or anonymization, practitioners can ensure that only the relevant information is disclosed and that the privacy of witnesses and victims is protected. In conclusion, section 486.5(3) of the Criminal Code of Canada is an important provision that limits the scope of orders to prevent the disclosure of information obtained during criminal proceedings. When dealing with this provision, practitioners must balance the rights of the accused, the interests of the administration of justice, and the public interest. They must also be aware of the exceptions to this provision and use strategies to ensure compliance, such as carefully reviewing and analyzing each case to determine the purpose of the disclosure or using alternative methods of disclosure, such as redaction or anonymization. By employing these strategies, practitioners can ensure that the privacy and confidentiality of witnesses and victims are protected while still serving the interests of justice.