INTRODUCTION AND BRIEF DESCRIPTION
A justice or judge can order a person to produce documents or data, excluding those under investigation for certain offences.
SECTION WORDING
487.012(1) A justice or judge may order a person, other than a person under investigation for an offence referred to in paragraph (3)(a), (a) to produce documents, or copies of them certified by affidavit to be true copies, or to produce data; or (b) to prepare a document based on documents or data already in existence and produce it.
EXPLANATION
Section 487.012(1) of the Criminal Code of Canada grants justices or judges the power to issue orders requiring individuals to produce certain documents or data. The order may require the individual to produce the original document or a certified true copy of the document in question. Additionally, the order may require the individual to prepare a document based on existing data or documents and subsequently produce that document. It is important to note that this power is only granted to justices or judges, and not to law enforcement or other individuals involved in an investigation of an offence referred to in paragraph (3)(a) of the section. Paragraph (3)(a) refers to individuals under investigation for serious offences, such as terrorism, organized crime, or criminal organization offences. Section 487.012(1) is significant in that it provides law enforcement officials with a means of acquiring important documents or data, particularly in relation to investigations involving less serious criminal offences. This power can aid in building a case against individuals who may have committed a criminal offense and is therefore a crucial tool in ensuring the proper administration of justice in Canada. However, it is also important to note that this power must be exercised carefully to ensure that individual rights to privacy and due process are not infringed upon.
COMMENTARY
Section 487.012(1) of the Criminal Code of Canada grants powers to judicial officers to order a person to produce documents or data or even to prepare a document based on documents or data already in existence. This section of the Criminal Code is essential in facilitating the investigations of criminal offenses by allowing judicial officers to compel the production of evidence. The section is applicable in both criminal and civil proceedings and is an important tool in the administration of justice. The power granted by this section is broad and can be exercised by a justice or judge, but only where the individual being ordered is not under investigation for an offense specified in paragraph 3(a). The type of document or data that can be produced under this section may include any relevant material that can assist investigators or a court in determining the guilt or innocence of a person. Material produced can include financial records, commercial contracts, emails, phone records, reports, among many others. The section also outlines that the documents or data produced should be accurate and certified by affidavit to be true copies. This certification is crucial in ensuring that the integrity of the evidence presented is preserved, and the information is reliable. The section further empowers the judicial officers to order the preparation of documents based on already existing documents or data. This allows for the creation of a clear and concise version of the evidence that may be more easily understood by the parties involved in a proceeding. However, the power granted by this section is not absolute and should be exercised with great caution and responsibility. Judicial officers must ensure that the production of documents or data sought under this section does not infringe on the rights of an individual under public and private law. The section only grants the production of materials that are relevant to an ongoing investigation or proceeding and does not confer unlimited powers to judicial officers. Furthermore, the section does not override other statutory provisions or the Canadian Charter of Rights and Freedoms. The Charter of Rights and Freedoms guarantees certain fundamental rights to citizens, such as the right to privacy. Therefore, judicial officers must consider the Charter provisions and ensure that they do not violate an individual's rights when ordering the production of documents or data. In conclusion, Section 487.012(1) of the Criminal Code of Canada is a valuable tool in the investigation and administration of justice. It grants judicial officers the power to compel the production of relevant documents or data that may assist in the determination of guilt or innocence. However, its implementation must be done judiciously to ensure that it does not infringe on the rights of individuals under both public and private law.
STRATEGY
Section 487.012(1) of the Criminal Code of Canada provides a powerful tool for law enforcement authorities to obtain documents and data from individuals or organizations that could be relevant to an investigation. However, the use of this provision can also raise strategic and ethical considerations, particularly in cases where the information sought may be sensitive, confidential, or subject to privacy laws. One of the first considerations when dealing with section 487.012(1) is the scope of the order that can be issued by a justice or judge. The provision allows for the production of documents or data, and the preparation of documents based on existing documents or data. However, the order must be tailored to the specific investigation, and must be reasonable and proportionate to the requirements of the case. This means that law enforcement authorities must have a clear understanding of what they are looking for, and why they need it. Another consideration is the potential for resistance from the person or organization that is being ordered to produce the documents or data. Depending on the circumstances, an order under section 487.012(1) could be seen as intrusive, burdensome, or unfair. This could lead to legal challenges or public backlash, which could damage the reputation of law enforcement agencies or the justice system as a whole. To avoid such challenges, law enforcement authorities must be transparent and communicative about their reasons for seeking the order, and must be prepared to address any concerns or objections raised by the target. Additionally, law enforcement authorities must consider the potential impact of the order on the privacy and confidentiality of the information sought. For example, an order to produce medical records or financial statements could reveal sensitive information about the individual or organization in question, as well as third parties who may be linked to them. To minimize the impact on privacy, law enforcement authorities must ensure that the order is tailored to the specific information needed for the investigation, and that any information obtained is handled securely and appropriately. Some strategies that could be employed when dealing with section 487.012(1) include: - Building a strong case for the relevance and proportionality of the order. This could involve gathering as much information as possible about the investigation, and presenting a clear and convincing argument for why the documents or data being sought are necessary and reasonable. - Engaging in open and transparent communication with the person or organization being ordered to produce the documents or data. This could involve explaining the reasons for the order, addressing any concerns or objections raised, and seeking input on how the order can be executed in a manner that respects privacy and confidentiality. - Taking steps to minimize the impact of the order on privacy and confidentiality. This could include seeking a protective order to limit the use, dissemination, or retention of the information obtained, or agreeing to redact or anonymize sensitive information. - Being prepared to respond to legal challenges or public scrutiny. This could involve engaging with legal counsel, communicating proactively with the media and other stakeholders, and being transparent about the process and results of the investigation. In conclusion, section 487.012(1) of the Criminal Code of Canada can be a powerful tool for law enforcement authorities to obtain documents and data relevant to an investigation. However, it must be used with care and consideration, taking into account the legal, ethical, and practical implications of the order. By employing strategic and thoughtful approaches, law enforcement authorities can maximize the effectiveness of section 487.012(1) while minimizing the impact on privacy and confidentiality.