Criminal Code of Canada - section 487.017 - Offence

section 487.017

INTRODUCTION AND BRIEF DESCRIPTION

Non-compliance with a production order can result in a fine or imprisonment.

SECTION WORDING

487.017 A financial institution, person or entity who does not comply with a production order made under section 487.012 or 487.013 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000 or imprisonment for a term not exceeding six months, or to both.

EXPLANATION

Section 487.017 of the Criminal Code of Canada aims to ensure the cooperation of financial institutions and other entities in the investigation of crimes. It stipulates that any such institution or individual who fails to comply with a production order issued under sections 487.012 or 487.013 of the Code is liable to be convicted of an offence. The production orders mentioned herein refer to court orders that require the production of documents, records, data, or other materials relevant to a criminal investigation. The provision is intended to facilitate the process of gathering evidence and information pertinent to a criminal case or investigation. It emphasizes the importance of timely and efficient cooperation from financial institutions and other entities in providing access to information that may aid in the investigation of criminal activity. The possible penalties for non-compliance, as set out in the provision, include a maximum fine of $250,000 or imprisonment for a term of up to six months, or both. These sentences are meant to serve as a deterrent against any refusal to comply with production orders. Overall, Section 487.017 underscores the vital role played by financial institutions and other entities in investigations of criminal activity and highlights the consequences of any failure to comply with court orders mandating the provision of relevant information.

COMMENTARY

Section 487.017 of the Criminal Code of Canada deals with the consequences of non-compliance with production orders made under Section 487.012 or 487.013. The section states that financial institutions, persons, or entities who do not obey the order are guilty of an offense and are liable to pay a fine of up to $250,000 or serve imprisonment for a term not exceeding six months or both. This section is significant because it enables law enforcement agencies to gather essential evidence against individuals and organizations suspected of criminal activity. Production orders are judicial orders that require a person or organization to provide documents or information relevant to an ongoing investigation. The orders can be used to obtain financial records, emails, telephone records, and other types of data that may assist in the investigation of serious criminal offenses such as fraud, money laundering, and terrorism. Non-compliance with a production order undermines the ability of law enforcement agencies to investigate criminal activity and bring perpetrators to justice. It can also lead to delays in court proceedings, resulting in a miscarriage of justice, and can impede the seizure and forfeiture of proceeds of crime. It is important to note that before issuing a production order, the judge or justice of the peace must be satisfied that there are reasonable grounds to believe that an offense was committed, and the production order is likely to gain evidence relevant to the investigation. In addition, the Canadian Charter of Rights and Freedoms guarantees several rights to individuals, including the right to be free from unreasonable search and seizure. Production orders must, therefore, be tailored to ensure compliance with the principle of proportionality, which means that the extent of the order must not go beyond what is necessary to fulfill its objective. Furthermore, sensitive information such as medical records, privileged legal information, and confidential journalistic sources are protected from production orders under Canadian law, except under certain circumstances. The law imposes strict procedures for the issuance of a production order for such information to ensure that the right to privacy is protected. In conclusion, the section 487.017 of the Criminal Code of Canada is a crucial component of the Canadian justice system. It serves as a deterrent against non-compliance with production orders and ensures that law enforcement agencies can gather the necessary evidence to investigate and prosecute serious criminal offenses. Its strict compliance with the principle of proportionality, the Canadian Charter of Rights and Freedoms, and other legal protections safeguards individual rights and ensures the protection of confidential information from undue disclosure.

STRATEGY

Section 487.017 of the Criminal Code of Canada makes it clear that financial institutions, persons, or entities that fail to comply with a production order made under section 487.012 or 487.013 are committing a criminal offense. The consequences for non-compliance can be severe, including fines and imprisonment. As such, it is essential for organizations to take this law seriously and adopt appropriate strategies to avoid committing any criminal offense. One of the strategies that financial institutions and other entities can employ is to ensure that they have a well-defined compliance program in place. This program should include policies and procedures designed to address the requirements of section 487.012 and 487.013. The compliance program should also be clearly communicated to all relevant employees, and regular training should be provided to ensure that they understand the company's obligations under the law. Another strategy is to establish clear lines of communication with law enforcement agencies. By establishing a good relationship with law enforcement officials, financial institutions can learn about production orders before they are issued and indicate possible conflicts or challenges they may have to comply. This can also help provide a better understanding of the information that the organization is expected to provide and what the law enforcement office is looking for. Also, when it comes to production orders, the scope of requests can be very broad and may include confidential, sensitive, and privileged information. Therefore, another strategy should be to identify and segregate any such information before providing them to the authorities. This will help ensure that the organization is only providing information that is required and relevant to the investigation. Further, financial institutions and other entities should consider consulting with legal advisors who can provide guidance on the interpretation of the law and the company's legal obligations. Legal advisors can also assist in negotiating the scope of the production orders, applying any privilege claims, and dealing with any challenges that may arise. Closely linked with consulting with legal advisors before deciding their next steps when complying with production orders. There is an opportunity to identify any possible legal remedies, challenges, including the right to appeal, that may be appropriate to exercise and defend the company's rights and obligations properly. Lastly, financial institutions and other entities can also work with industry associations or advocacy groups to advocate for changes in the law, regulations or its interpretation, to address any concerns about the scope, impact, compliance cost, or effectiveness of the specific provision or the investigative powers. In conclusion, compliance with section 487.017 is essential for financial institutions and other entities in Canada. The implementation of a comprehensive compliance program, establishing clear lines of communication with law enforcement agencies, identifying and segregating sensitive or privileged information, consulting with legal advisors, and working with industry associations are some of the strategies that can help avoid committing any transgressions and successfully navigate the law requirements. Maintaining an adequate balance between compliance and business objectives helps ensure businesses operate smoothly and cost-effectively while maintaining regulatory compliance and respecting individual rights to privacy.