INTRODUCTION AND BRIEF DESCRIPTION
This section allows a judge or justice to order someone to provide assistance in carrying out an authorization, warrant or order.
SECTION WORDING
487.02 Where an authorization is given under section 184.2, 184.3, 186 or 188, a warrant is issued under this Act or an order is made under subsection 492.2(2), the judge or justice who gives the authorization, issues the warrant or makes the order may order any person to provide assistance, where the person’s assistance may reasonably be considered to be required to give effect to the authorization, warrant or order.
EXPLANATION
Section 487.02 of the Criminal Code of Canada provides for the issue of orders to individuals when permission is granted for certain activities under provisions of the Code. Specifically, the section states that when an authorization is given under any of the four sections listed (sections 184.2, 184.3, 186 or 188), or a warrant is issued under the Code or an order is made under subsection 492.2(2), the judge or justice issuing such permission may also issue an order demanding that any person provide assistance, if their help would be reasonably necessary to carry out the authorization, warrant or order. This section is intended to enable law enforcement officials to access assistance from individuals who may possess the necessary resources, skills, or knowledge to carry out investigations or other law enforcement activities. Such activities might include search and seizure, electronic surveillance, or other investigations that require specialized knowledge or equipment. These orders may be utilized in instances where law enforcement personnel lack the resources or expertise required to carry out their designated tasks, or where circumstances dictate that such expertise or resources are required. The use of such orders must be balanced against the rights and freedoms guaranteed by the Charter of Rights and Freedoms, including the right to privacy and protection against unreasonable search and seizure. Therefore, judges or justices issuing orders under this section must ensure that they are proportionate to the objectives sought and do not result in unjustified infringements of individual rights. Overall, section 487.02 of the Criminal Code of Canada serves to enable law enforcement personnel to carry out investigations more effectively and efficiently, while at the same time balancing the need to protect individual rights and freedoms.
COMMENTARY
Section 487.02 of the Criminal Code of Canada provides for the provision of assistance by any person, where such assistance may be reasonably required to give effect to a warrant, authorization or order issued under the Act. Essentially, this section of the Code empowers judicial officers to order any person to assist in ensuring that the provisions of the Criminal Code are enforced. One of the primary requirements for the issuance of an effective warrant, authorization, or order is that it must be executed in a timely and efficient manner. The Code recognizes that sometimes, this may require the assistance of individuals who are not directly involved in the proceedings. This could include anyone from law enforcement officers to members of the public. Examples of when this section of the Code would come into play include situations where an investigative team requires assistance to execute a warrant on a particular property. It could be that the investigative team requires the assistance of a professional locksmith to open a locked door or a specialized technician to help them gain access to an electronic device. Alternatively, it could be that they require assistance from a member of the community to help identify or locate an individual who is suspected of being involved in criminal activity. In such situations, the judge or justice presiding over the matter could order any person, individual or entity, to provide the necessary assistance required to give effect to the warrant, authorization or order. It is important to note, however, that this kind of assistance may only be ordered if it is reasonable, having regard to all the circumstances, that the assistance is necessary, and that the person ordered to assist is capable of doing so. The section also provides that the assistance required could include anything from physical assistance to the provision of information, documentation, or equipment. The judicial officer ordering the assistance must also consider the safety and security of the individual providing the assistance. If there is a reasonable risk of harm to the person providing the assistance, the judge or justice may order the assistance to be provided in such a way as to minimize that risk. While this section of the Criminal Code of Canada is potentially wide-ranging in its applicability, it is important to note that it is subject to limits and restrictions. The courts have recognized that there are certain circumstances where the forced assistance of an individual might violate their fundamental rights or freedoms as recognized by the Canadian Charter of Rights and Freedoms. In conclusion, section 487.02 of the Criminal Code of Canada is an important provision that empowers judicial officers to order individuals to provide assistance when required to execute a warrant, authorization or order issued under the Act. While this power is potentially wide-ranging, it is important to note that it is subject to limits and restrictions, including considerations of safety, security, and Charter rights. Ultimately, this provision makes it possible for law enforcement and other authorities to carry out their duties effectively and efficiently, while balancing the rights and freedoms of individuals in Canada.
STRATEGY
Section 487.02 of the Criminal Code of Canada gives judges and justices the power to order individuals to provide assistance in carrying out warrants, orders, or authorizations. This provision is an important tool for law enforcement agencies seeking to investigate criminal activity and gather evidence. However, there are strategic considerations that must be taken into account when dealing with this provision, both by law enforcement officials and the individuals who may be ordered to provide assistance. One of the primary strategic considerations is the potential impact on privacy rights. Section 487.02 is a powerful tool that allows law enforcement agencies to compel an individual to provide assistance in conducting a search or gathering evidence, even if that assistance may infringe on their privacy rights. This means that individuals who are subject to an order under this provision may need to balance their desire to protect their privacy with their obligations to comply with the order. They may also need to consider whether there are any legal or ethical limits to the assistance they are being asked to provide. Another strategic consideration is the potential impact of the order on the individual's reputation. Being ordered to provide assistance in a criminal investigation may have serious implications for an individual's reputation, particularly if the investigation is high-profile or if the individual is in a position of trust or authority. This may lead some individuals to resist complying with the order, even if doing so would be in their best interests. To address these concerns, law enforcement officials may need to employ strategies to minimize the impact of the order on the individual's privacy and reputation. For example, they may need to ensure that the order is as narrow as possible, only requiring assistance that is directly relevant to the investigation and does not go beyond what is necessary to achieve its objectives. They may also need to take steps to ensure that the individual's privacy rights are protected throughout the process, such as ensuring that any information obtained as a result of the order is kept confidential and only used for the purposes of the investigation. Individuals who are subject to an order under Section 487.02 may also need to employ strategies to protect their privacy and reputation while still complying with the order. For example, they may need to seek legal advice to ensure that the order is valid and that they are only required to provide the assistance that is necessary to achieve its objectives. They may also need to consider how complying with the order may impact their reputation, and take steps to mitigate any damage that may result. In conclusion, Section 487.02 of the Criminal Code of Canada is a powerful tool that allows judges and justices to order individuals to provide assistance in carrying out warrants, orders, or authorizations. However, there are strategic considerations that must be taken into account when dealing with this provision, both by law enforcement officials and the individuals who may be ordered to provide assistance. By carefully considering these considerations and employing appropriate strategies, both parties can ensure that their interests are protected while still achieving the objectives of the order.