section 487.011

INTRODUCTION AND BRIEF DESCRIPTION

This section defines the term document in relation to the Criminal Code of Canada as any medium containing information that can be read or understood by a person or computer system.

SECTION WORDING

487.011 In this part, "document" means any medium on which is recorded or marked anything that is capable of being read or understood by a person or a computer system or other device.

EXPLANATION

Section 487.011 of the Criminal Code of Canada defines the term document" as any medium on which a text or image is recorded or marked, and that can be read or understood by a person or a computer system or other device. This definition is important because documents are often used as evidence in criminal trials, and this section of the Criminal Code provides guidance on what types of materials can be considered as documents. The definition of a document provided in section 487.011 is broad and inclusive, which reflects the fact that modern technology has made it possible to record or mark information in a wide range of formats. For example, a document might be a physical object like a book or a piece of paper, but it could also be an electronic file, a web page, a database, or even an audio or video recording. By defining a document in this way, section 487.011 ensures that any text or image that is capable of conveying information can be considered as a document for the purposes of the Criminal Code. This can be important in cases where evidence is gathered from electronic devices or other digital sources, as it clarifies that such materials can be treated as documents, and therefore subject to the same rules of evidence as traditional written or printed documents. Overall, section 487.011 plays an important role in defining the scope of the Criminal Code, and ensuring that evidence is properly identified, collected, and presented in criminal trials. By providing a clear definition of what constitutes a document, this section helps to ensure that justice is served and that the rule of law is upheld.

COMMENTARY

Section 487.011 of the Criminal Code of Canada defines the term "document" in the context of criminal investigations and proceedings. According to this provision, a document is any medium on which information is recorded or marked that can be read or understood by a person or a computer system or other device. This definition is significant because it establishes a broad scope for what can be considered a document. It includes traditional forms of physical media such as paper and photographs, as well as digital media like emails, text messages, and social media posts. This means that investigators and prosecutors can gather and use a wide range of information as evidence during investigations and trials. At the same time, the broad definition of a document also raises questions about the limits of government surveillance and data collection. In an age where almost all communication and information exchange occurs digitally, there are concerns about the extent to which governments may be accessing and monitoring these forms of communication without due process or oversight. Additionally, the definition of a document puts an onus on parties involved in criminal proceedings to be aware of the scope of what can be considered evidence. It is important for individuals and organizations to understand that anything they say or write may be recorded and potentially used against them in a legal context. Overall, section 487.011 of the Criminal Code of Canada provides a useful framework for understanding what constitutes a document in the context of criminal investigations and proceedings. However, it also raises important questions about privacy and data sovereignty in the digital age, and the balance between preserving civil liberties and fighting crime.

STRATEGY

Section 487.011 of the Criminal Code of Canada provides a definition for what constitutes a document that can be used as evidence in criminal proceedings. This section has significant implications for lawyers and law enforcement agencies, as it sets out the requirements for what can be introduced as evidence and how it must be handled. When dealing with this section, there are several strategic considerations that should be taken into account, including the following: 1. Document Management. The first strategic consideration when dealing with section 487.011 is document management. It is essential to ensure that all documents and digital records are kept secure and in compliance with the Criminal Code of Canada. This includes establishing a clear and effective document retention policy, providing training to staff on proper document handling procedures, and ensuring that all digital records are properly encrypted and backed up. 2. Legal and Technical Expertise. Another key strategic consideration is having both legal and technical expertise available to handle the various types of documents that may be introduced as evidence. This includes understanding the legal requirements for document admissibility, as well as the technical aspects of document retrieval, storage, and analysis. Lawyers must be able to effectively communicate with technical experts to ensure that all documents are properly handled and presented in court. 3. Chain of Custody. The third strategic consideration is the chain of custody, which is the process of documenting the handling of evidence from the time it is collected until it is introduced in court. An unbroken chain of custody is essential to demonstrate that the evidence has not been tampered with or altered in any way. Lawyers and law enforcement must ensure that all chain of custody procedures comply with the Criminal Code of Canada. 4. Document Authentication. Another important strategic consideration is document authentication. This involves verifying the authenticity of documents that are introduced as evidence. There are several methods for document authentication, including forensic analysis, expert testimony, and comparison to known authentic documents. Lawyers must be able to effectively argue the authenticity of documents to the court. 5. Digital Forensics. The final strategic consideration when dealing with section 487.011 is digital forensics. With the increasing use of digital technology, many documents are now in digital form, including emails, text messages, and social media posts. Digital forensics involves recovering data from digital devices and analyzing it to determine its relevance to a case. Lawyers must understand the technical aspects of digital forensics and be able to argue the admissibility of digital documents in court. Strategies that could be employed include the following: 1. Establishing a document management policy that outlines proper document handling procedures, including the creation, storage, retrieval, and destruction of documents. 2. Hiring technical experts such as digital forensic analysts and document management specialists to handle the various types of evidence that may be introduced in a case. 3. Emphasizing the importance of chain of custody procedures to ensure that all evidence is properly documented and handled. 4. Conducting thorough document authentication procedures to ensure that all documents are authentic and admissible. 5. Conducting thorough digital forensic analysis to recover and analyze digital evidence. In conclusion, section 487.011 of the Criminal Code of Canada provides a definition for what constitutes a document that can be used as evidence in criminal proceedings. Lawyers and law enforcement must take several strategic considerations into account when dealing with this section, including document management, legal and technical expertise, chain of custody, document authentication, and digital forensics. Employing strategies such as establishing a document management policy, hiring technical experts, emphasizing the importance of chain of custody procedures, conducting thorough document authentication, and conducting digital forensic analysis can help to ensure that all evidence is handled properly and admissible in court.