INTRODUCTION AND BRIEF DESCRIPTION
This section outlines procedures for issuing and filing warrants through telecommunication means.
SECTION WORDING
487.1(6.1) Where a justice issues a warrant by a means of telecommunication that produces a writing, (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance; (b) the justice shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information and the copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (6)(b); (c) the peace officer shall procure another facsimile of the warrant; and (d) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.
EXPLANATION
Section 487.1(6.1) of the Criminal Code of Canada outlines the procedure that a justice must follow when issuing a warrant by means of telecommunication that produces a writing. This section is significant in the context of the Criminal Code as it provides clear guidelines for authorities to follow in obtaining warrants through electronic means. As per this section, when a justice issues a warrant by means of telecommunication that produces a writing, they must complete and sign the warrant in Form 5.1. They must also note the time, date and place of issuance on the warrant's face before transmitting it to the peace officer who submitted the information. The copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (6)(b). The peace officer is then required to procure another facsimile of the warrant, which they will use while executing the warrant. The justice is also obligated to file the warrant with the clerk of the court for the territorial division in which the warrant is intended for execution. The reason why this section is crucial in the Criminal Code is that it ensures transparency and efficiency in obtaining warrants through electronic means. By complying with the provisions of this section, the authorities can be sure that the warrants obtained will be legally compliant and reliable. It also ensures that there is a paper trail of all requests for warrants, which can be used in legal proceedings if necessary. In conclusion, section 487.1(6.1) is a crucial provision in the Criminal Code of Canada that outlines the procedure for issuing warrants through electronic means. Following these steps ensures that authorities obtain legally compliant warrants that are transparent and reliable.
COMMENTARY
Section 487.1(6.1) of the Criminal Code of Canada is an essential legal provision in telecommunication-based warrants. This section outlines the procedures for issuing and executing telecommunication-based warrants, which involves the use of electronic means to obtain a warrant. As such, the section is critical in ensuring that justice is served by allowing for the quick and efficient acquisition of evidence without compromising on legal standards and procedures. The section mandates that a justice issues a warrant by means of telecommunication that produces writing. This provision underscores the importance of adherence to legal procedures even when it comes to remote instructions. The provision further requires the Justice to complete and sign the warrant in Form 5.1, noting on the warrant's face the time, date, and place of issuance. This procedural requirement is essential in averting any misunderstandings regarding the warrant's legality and authenticity, which can mar the case's judicial process. Upon signing, the warrant is transmitted via telecommunication means to the peace officer who submitted the information. This facet establishes a clear chain of communication between the issuing justice and the law enforcement agency, reducing the chances of errors that may arise from a third party interfering with or mishandling the warrant. As such, this provision supports robust and efficient execution of the warrant. Notably, upon receiving the transmission of the warrant, the peace officer procures another facsimile of the warrant. This additional step aims to ensure that the telecommunication transmission was authentic and complete, especially since the validity of a warrant is critical to the efficacy of any criminal proceedings. After procuring the second facsimile of the warrant, the officer will execute the warrant as mandated by the Criminal Code. It is imperative to note that this section further requires the justice who issues the warrant to file it with the clerk of the court for the territorial division where the warrant is intended for execution. This requirement plays a crucial role in preserving the warrant as part of the court record and ensuring that checks and balances are in place to prevent any misconduct by law enforcement officers executing the warrant. Moreover, the filing requirement ensures that the court remains informed of the progress of the case, making it easier for the court to intervene whenever necessary. In conclusion, provisions outlined in section 487.1(6.1) of the Criminal Code of Canada are critical for the efficient execution of telecommunication-based warrants. The provision underscores the importance of adherence to standard legal procedures even when issuing a warrant through a remote connection. By mandating the peace officer to procure another facsimile of the warrant, the provision ensures the warrant's veracity and offers additional support for enforcing the Criminal Code. Overall, this legal provision plays an essential role in preserving justice, ensuring fairness and efficiency, and promoting adherence to the rule of law.
STRATEGY
Section 487.1(6.1) of the Criminal Code of Canada provides for the issuance of a warrant by a means of telecommunication that produces a writing. This provision is significant because it allows for a more efficient and timely process, as opposed to the traditional method of obtaining a warrant by physically presenting oneself before a justice of the peace. However, there are several strategic considerations that must be taken into account when dealing with this section of the Criminal Code of Canada. Firstly, it may be challenging to ensure that the warrant is properly completed and signed by the justice in Form 5.1, given that the justice is not physically present. It is therefore important to ensure that the telecommunication system being used is reliable and secure, and that all parties involved are familiar with the requirements of this provision. Another consideration is the time, date, and place of issuance, which must be noted on the face of the warrant. This information is crucial in ensuring that the warrant is valid and can be executed by the appropriate authorities. It is important to ensure that all relevant information is accurately recorded, and that any discrepancies or errors are corrected before the warrant is transmitted. A third consideration is the transmission of the warrant by the means of telecommunication to the peace officer who submitted the information. It is essential to ensure that the warrant is transmitted securely and confidentially, so as not to compromise the integrity of the investigation or the safety of those involved. The copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (6)(b), which means that it is considered to be a true and accurate representation of the original warrant. Once the peace officer receives the copy of the warrant, they must procure another facsimile of the warrant to be used for the execution of the warrant. This involves ensuring that the copy is of sufficient quality and clarity, and that all relevant information is accurately reproduced. Finally, the justice who issued the warrant must file it with the clerk of the court for the territorial division in which the warrant is intended for execution. This ensures that there is a record of the warrant and that it can be easily accessed by the appropriate authorities. In order to effectively deal with this section of the Criminal Code of Canada, some strategies that could be employed include ensuring that all parties involved are properly trained and familiar with the requirements of this provision, using secure and reliable telecommunication systems, and ensuring that accurate records are kept throughout the process. Regular communication and coordination between all parties involved can also help to ensure that the process runs smoothly and efficiently.