Criminal Code of Canada - section 487.1(1) - Telewarrants

section 487.1(1)

INTRODUCTION AND BRIEF DESCRIPTION

Allows a peace officer to submit an information on oath by telephone or other telecommunication means to a designated justice in situations where it is impracticable to appear personally for a warrant.

SECTION WORDING

487.1(1) Where a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a justice to make application for a warrant in accordance with section 256 or 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter.

EXPLANATION

Section 487.1(1) of the Criminal Code of Canada allows peace officers to submit an information on oath by telephone or other means of telecommunication to a designated justice in situations where it is impracticable to appear personally before a justice to make an application for a warrant in accordance with section 256 or 487. This provision is used in cases where there is a urgent need for a warrant and there is no time to wait for the peace officer to appear in person before a justice to make the application. This provision is intended to provide a timely and expedient solution for law enforcement agencies to obtain warrants in cases where there is an immediate need to gather evidence. Peace officers can use this provision to obtain a warrant for the search and seizure of evidence in connection with an indictable offence. The provision is limited to instances where it would be impracticable for the peace officer to appear in person before the justice to make the application. The designated justice who receives the information on oath is required to consider the evidence presented in making a determination about the issuance of the warrant. The justice must be satisfied that there are reasonable grounds to believe that an indictable offence has been committed and that a warrant is necessary in the circumstances to obtain evidence related to the offence. Overall, Section 487.1(1) of the Criminal Code of Canada provides a practical solution for peace officers to obtain warrants quickly and efficiently in situations where time is of the essence. It strikes a balance between the need for timely access to information and the protection of individuals' privacy rights.

COMMENTARY

The concept of justice is paramount in every society, and this is why laws have been put in place to ensure that individuals who breach them are held accountable for their actions. One of the most fundamental principles of justice is the presumption of innocence, whereby every accused person is considered innocent until proven guilty. Section 487.1(1) of the Criminal Code of Canada is a legal provision that grants Canadian peace officers certain powers to help them deliver justice by investigating indictable crimes. Essentially, this provision allows a peace officer who believes that an indictable offence has been committed to submit an information on oath to a justice over the phone or through other telecommunication means. The main reason for this provision is to allow peace officers to investigate indictable crimes quickly and efficiently, especially in situations where it would be impractical or impossible to appear before a justice in person. This provision is particularly useful in situations where a suspected offender is on the run or has fled from a crime scene, making it difficult for peace officers to obtain a warrant in accordance with section 256 or 487 of the Criminal Code of Canada. As with other provisions of the Criminal Code of Canada, Section 487.1(1) is guided by the need to balance individual rights and freedoms with law enforcement's powers. It is, therefore, critical to ensure that there are appropriate checks and balances to prevent abuse of this provision by law enforcement officials. One such check and balance in this regard is the requirement that the information on oath be submitted to a justice designated for the purpose by the chief judge of the provincial court with jurisdiction over the matter. This provision ensures that the justice who receives the information on oath is qualified and experienced enough to assess the credibility and relevance of the information provided by the peace officer. It is also worth noting that the information on oath must meet certain requirements, such as detailing the nature and circumstances of the offence, as well as providing specific information about the suspected offender, including their name, address, and other identifying details. By providing this information, the peace officer ensures that the justice can make an informed decision about whether or not to issue a warrant for arrest or other orders related to the investigation. The provision in Section 487.1(1) of the Criminal Code of Canada is a legislative tool that helps ensure justice is delivered efficiently and effectively. By allowing peace officers to submit important information on oath by telephone or other means of telecommunication, law enforcement officials can obtain critical warrants and orders when time is of the essence. However, it is essential to couple such powers with appropriate checks and balances to ensure individual rights and freedoms are safeguarded.

STRATEGY

Section 487.1(1) of the Criminal Code of Canada allows for a peace officer to submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court. This provision provides a useful tool for officers to pursue suspects for whom an immediate arrest may not be possible. However, there are some strategic considerations when dealing with this section of the Criminal Code. One of the major considerations is the reliability of the evidence. As the information is given orally, the judge must be convinced of the reliability of the evidence presented by the officer. This means that the officer needs to provide sufficient evidence to convince the judge that there are reasonable grounds to believe that an indictable offense has been committed. Another consideration is the practicality of the situation. As stated in the section, the information must be presented when it is impractical for the officer to appear personally before a justice. This means that officers need to assess the situation and determine whether it actually meets the criteria for this provision to be used. If it is determined that it is not impractical to appear in person, then it may be advisable to do so. Some of the strategies that could be employed when dealing with this section of the Criminal Code include ensuring that all relevant evidence is acquired before approaching the judge. This may include witness statements, physical evidence, and any other evidence that could support the officer's case. Additionally, the officer may consider seeking legal counsel or consulting with experienced colleagues before submitting the information to the judge to ensure they have properly assessed the situation. Another strategy that could be useful is to ensure that communication with the designated judge is clear and concise. As the communication may be done over the telephone or by other means of telecommunication, there is the potential for misunderstandings or misophonic communication to occur. Therefore, officers should ensure that they are speaking clearly and that any terminology used is easily understandable to the judge. In conclusion, Section 487.1(1) of the Criminal Code of Canada provides officers with a useful tool for pursuing suspects when an immediate arrest is not possible. However, officers should carefully consider all the relevant factors before utilizing this provision and ensure that proper strategies are employed to maximize its effectiveness.