INTRODUCTION AND BRIEF DESCRIPTION
Peace officers or public officers can ask individuals to voluntarily provide documents, data or information related to the enforcement or administration of any Act of Parliament.
SECTION WORDING
487.014(1) For greater certainty, no production order is necessary for a peace officer or public officer enforcing or administering this or any other Act of Parliament to ask a person to voluntarily provide to the officer documents, data or information that the person is not prohibited by law from disclosing.
EXPLANATION
Section 487.014(1) of the Criminal Code of Canada provides clarity on the powers of peace officers and public officers while enforcing or administering the country's statutes. Under this section, peace officers and public officers do not need a production order to request a person to voluntarily provide any documents, data or information that the person is not prohibited by law from disclosing. This provision's significance is immense, especially in cases of investigating crimes or offences under the Criminal Code and other statutes. For instance, peace officers or public officers may require information or data that is not directly related to a criminal investigation but is necessary for enforcing other laws in the country. With this provision in place, they can request such information without requiring a production order, thereby speeding up the investigation process. However, it is imperative to note that this provision is limited to information or data that a person is not prohibited by law from disclosing. This means that if any law prohibits the disclosure of such information, the peace officer or public officer cannot request it under this section, and in such cases, a production order may be necessary. In conclusion, Section 487.014(1) of the Criminal Code of Canada provides a legal basis for peace officers and public officers to request information or data voluntarily, without requiring a production order. This provision is critical in enforcing various statutes and laws in the country and helps to expedite investigations by minimizing bureaucratic procedures. However, the provision's limitation ensures that the privacy and confidentiality of information protected by law remain safeguarded in all investigative processes.
COMMENTARY
Section 487.014(1) of the Criminal Code of Canada is a provision that relates to the power of peace officers or public officers who are enforcing or administering any Act of Parliament to request a person to voluntarily provide documents, data or information that they are not prohibited from disclosing. The section provides greater clarity as to the circumstances when a production order is not necessary and provides another tool for law enforcement agencies to obtain information. The provision grants the officers the right to solicit information from any individual without the need to obtain a production order. In effect, this provision allows law enforcement officers to leverage the willingness of individuals to cooperate with them and provide helpful information to aid in investigations. It also streamlines the process of obtaining information and makes it less costly and time-consuming for officers. There are significant benefits to having this provision in place. In law enforcement, the ability to quickly and efficiently collect information can be the difference between success and failure in investigations. With this provision, law enforcement officers can quickly obtain information that may be crucial to an investigation without having to wait for a court to issue a production order. This is particularly useful in emergency situations, where a delay in obtaining information can be detrimental. However, there are potential drawbacks to this provision. For instance, there is a risk of abuse or overreach by law enforcement officers. The provision may be applied inappropriately by officers who exceed their authority or use it to harass individuals. There is also a risk that individuals may feel compelled to provide information even when they are not legally obligated to do so. It's important to note that this provision does not allow officers to request or obtain information that is subject to solicitor-client privilege, informer privilege, or other privileged information protected by law. This means that officers cannot use this provision to obtain information that is confidentially protected. Overall, section 487.014(1) of the Criminal Code of Canada serves the important purpose of allowing law enforcement officers to efficiently collect information without the need to obtain a production order. However, the provision should be applied carefully, and officers should be conscious of the limits of their authority and respectful of individuals' privacy rights. As with any tool available to law enforcement agencies, its use should be balanced against the fundamental rights of the individual.
STRATEGY
Section 487.014(1) of the Criminal Code of Canada is a provision that allows peace officers or public officers to ask individuals to voluntarily provide documents, data, or information that is not prohibited by law to disclose. This section is often used by law enforcement officers during investigations and while enforcing different Acts of Parliament. However, just like other legal provisions, there are strategic considerations that law enforcement agencies and officers must take into account when dealing with this section of the Criminal Code. One of the most significant strategic considerations is the need to balance individual rights and public interests. The law says that officers do not require a production order to request documents, data or information, but they must ensure that they do not violate anyone's rights. It is essential to collect only the information that is necessary for the investigation and to ensure that the request is not arbitrary. Law enforcement officers must also demonstrate the need for the information or documents they are requesting, and it should be related to the matter they are investigating. Another strategic consideration is that law enforcement agencies must adhere to the principles of the Charter of Rights and Freedoms. For instance, an individual may choose not to provide information or documents if they believe that it may self-incriminate them. Consequently, an officer must inform the individual that they have the right to remain silent and the right to legal counsel. Law enforcement agencies must also ensure that they do not engage in coercive or intimidating behavior while requesting the information or documents. Compliance with the Charter principles will help maintain public trust, which is essential for effective law enforcement. The third strategic consideration is that law enforcement officers must ensure the authenticity and accuracy of the information they receive. It is important to ensure that the information is not fabricated to deceive investigators. Law enforcement agencies can use advanced technology to verify the authenticity and accuracy of the information they receive. A practical approach is to double-check the information with other sources of information, cross-referencing the information, and triangulation. Lastly, a sound strategy when dealing with Section 487.014(1) is to build relationships and engage with different stakeholders. It is crucial for law enforcement officers to engage and build relationships with individuals and organizations to request the information or documents. For instance, law enforcement agencies can organize community forums or town hall meetings to educate the public about their roles and legal powers. Engaging with stakeholders and educating the public is essential in building trust and promoting cooperation between law enforcement agencies and the public. In conclusion, Section 487.014(1) of the Criminal Code of Canada is a legal provision that law enforcement officers use to request documents, data, or information from individuals. However, there are essential strategic considerations that law enforcement agencies must take into account when dealing with this provision. They must ensure the balancing of individual rights and public interests, adhere to the principles of the Charter of Rights and Freedoms, ensure the authenticity and accuracy of the information, and build relationships with different stakeholders. Through a sound strategy, law enforcement agencies can utilize this provision effectively while maintaining public trust and promoting cooperation with the community.