INTRODUCTION AND BRIEF DESCRIPTION
This section outlines circumstances under which a judge may grant an exemption to an applicant for producing a document, data, or information that is privileged, unreasonable to require, or not in their possession or control.
SECTION WORDING
487.015(4) The judge may grant the exemption if satisfied that (a) the document, data or information would disclose information that is privileged or otherwise protected from disclosure by law; (b) it is unreasonable to require the applicant to produce the document, data or information; or (c) the document, data or information is not in the possession or control of the applicant.
EXPLANATION
Section 487.015(4) of the Criminal Code of Canada deals with the granting of exemptions for the production of documents, data, or information during a criminal investigation or proceedings. Under this section, a judge may grant an exemption if they are satisfied that certain conditions are met. The first condition is that the document, data, or information requested would disclose information that is privileged or otherwise protected from disclosure by law. This may include legal privilege, solicitor-client privilege, or other protections under Canadian law. If the judge is satisfied that such protection applies, they may grant the exemption. The second condition is that it is unreasonable to require the applicant to produce the document, data, or information. This may be the case if the applicant does not have access to the requested information or if producing it would pose an undue burden on them. In such situations, the judge may decide that it is not reasonable to require the applicant to produce the requested material. Finally, the third condition is that the document, data, or information requested is not in the possession or control of the applicant. If the applicant does not have access to or control over the requested material, the judge may grant an exemption based on this fact. Overall, Section 487.015(4) allows for exemptions to be granted in situations where producing certain information would be impractical, would violate legal protections, or would be impossible due to lack of access or control. This helps to balance the interests of criminal investigations and processes with the need to protect individual rights.
COMMENTARY
Section 487.015(4) of the Criminal Code of Canada grants judges with the authority to exempt individuals from producing documents, data or information that are relevant to an investigation or inquiry. The provision allows the judges to exercise discretion in cases where the production requirements would be unreasonable, breach privileged or protected information, or when the documents are not in the possession of the party. The provision ensures that individuals are not coerced into providing information that could be detrimental to their legal rights or expose confidential information. Moreover, this exemption provision safeguards individuals from unreasonable requests by investigative authorities that may not have substantive relevance to the case. The protection afforded by the provision is particularly essential in instances where sensitive documents such as medical, financial, and legal records are sought as evidence. It shields individuals from the unfair disclosure of personal information that may not have a direct impact on the criminal investigation. Further, the provision enables judges to play a pivotal role in determining the relevance of the information and ultimately, the likelihood that it will contribute to the case outcome. This discretionary power ensures that only essential information is produced, thus streamlining the legal process and minimizing delays. It is interesting to note that the provision recognizes the limitations of the parties in possession of the information. Sometimes, individuals may not have control over the relevant information or documents due to reasons such as loss of custody or displacement. The provision affords protection in these instances, ensuring that individuals are not unfairly held accountable for data or information they do not possess. However, the provision's flexibility can also potentially open the doors for exploitation and abuse. It is essential to monitor the use of the provision by judges, ensuring that it is not utilized to protect parties undeserving of legal protection or to manipulate the legal process. Ultimately, Section 487.015(4) of the Criminal Code of Canada plays an essential role in safeguarding the rights of individuals during criminal investigations. It ensures that individuals are not unfairly required to disclose information, protects sensitive and privileged information, and enables fair and just legal proceedings. The provision is an essential tool that enables the legal system to function efficiently, balancing the needs of the prosecution with the protections of the individual in question.
STRATEGY
Section 487.015(4) of the Criminal Code of Canada provides individuals with an opportunity to seek exemption from disclosing certain information, documents, or data that could incriminate them or infringe upon their rights. However, seeking such an exemption requires careful strategic considerations and planning. One strategy is to clearly identify the nature and type of information, document, or data that is being sought by the investigating authorities. This involves determining if the request falls under any legally privileged or protected information. For instance, information between clients and their lawyers is often privileged and cannot be disclosed without their consent. Therefore, if the information sought by investigators falls within the scope of privileged information, one may seek an exemption by showing that the document would disclose privileged information. Another strategic consideration is demonstrating that it is unreasonable to require the person to produce the information or data sought. This means that the person must demonstrate that the effort, time, or resources required to produce the information is significantly high and unreasonable. For instance, if the information sought is stored in an inaccessible or encrypted format, the person can argue that producing the information would be unreasonable. A third strategy is to show that the information, document, or data is not in the possession or control of the person being investigated. This often requires the person to provide proof of their lack of access, such as a lack of password protection or ownership of the devices or equipment containing the information. This strategy requires the person to provide concrete and verifiable evidence to prove their lack of control over the information. In conclusion, when dealing with section 487.015(4) of the Criminal Code of Canada, it is crucial to consider the nature of the information being sought by the authorities. This means identifying any legally privileged or protected information and determining if the request is unreasonable to fulfill or beyond the control of the person being investigated. By adopting these strategic considerations, individuals can seek an exemption and protect their rights and privacy.