INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the procedures for issuing a warrant by telecommunication and requires the justice to complete and sign the warrant in a specific form, while the peace officer must produce a facsimile of the warrant in duplicate.
SECTION WORDING
487.1(6) Where a justice issues a warrant by telephone or other means of telecommunication, other than 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 peace officer, on the direction of the justice, shall complete, in duplicate, a facsimile of the warrant in Form 5.1, noting on its face the name of the issuing justice and the time, date and place of issuance; and (c) 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) of the Criminal Code of Canada governs the issuance of warrants by a justice through telephone or other means of telecommunication without a physical written document. This provision ensures that the process of issuing such warrants is carried out with proper accountability and documentation. The section outlines the steps that must be taken when a warrant is issued through electronic means. Firstly, the justice must complete and sign the Form 5.1 warrant, noting the time, date, and place of issuance. Secondly, the peace officer who receives the warrant must also complete a facsimile of the warrant in Form 5.1 and note the name of the issuing justice and the time, date, and place of issuance. Finally, the justice must promptly file the warrant with the court clerk of the territorial division where the warrant is intended to be executed. By setting out these requirements, the section aims to ensure that there is a reliable and documented record of the warrant's issuance. This provides accountability and transparency, which are fundamental principles of the Canadian justice system. Additionally, it allows for proper oversight and review of the warrant's validity by the court if necessary. Overall, Section 487.1(6) ensures that the process of issuing warrants through electronic means is fair, transparent, and accountable.
COMMENTARY
Section 487.1(6) of the Criminal Code of Canada outlines the procedures that must be followed when a justice issues a warrant by telephone or other means of telecommunication. This provision recognizes the need for a speedy response to urgent situations where a warrant is required but physical proximity or other logistical barriers prevent an in-person application. This section emphasizes the importance of ensuring that all aspects of the warrant are fully documented and recorded, despite the fact that the warrant is not being issued in person. The justice is required to complete and sign the warrant in Form 5.1, noting the time, date, and place of issuance. This requirement ensures that there is a clear and accurate record of the warrant and its authorization. Similarly, the peace officer responsible for executing the warrant must complete a facsimile in duplicate, noting the details of its issuance. This requirement ensures that there is a clear understanding of the authorization of the warrant, the time and place of its issuance, and the identity of the justice who issued it. The requirement that the warrant be filed with the clerk of the court for the territorial division in which it is intended for execution further emphasizes the importance of documentation and record-keeping in the legal system. Filing the warrant with the clerk of the court ensures that there is a permanent record of the warrant and its authorization that can be referred to in the future if necessary. This provision also ensures that the appropriate authorities are aware of the existence of the warrant and its authorization. In addition to emphasizing the importance of documentation and record-keeping, this section of the Criminal Code of Canada reflects the tension between the need for speed and urgency in law enforcement situations and the need for due process and accountability. While it is important to allow law enforcement to act quickly in certain situations, it is equally important to ensure that the legal system remains fair, transparent, and accountable. The requirements of this section of the Criminal Code of Canada strike a balance between these competing interests, providing a framework for issuing warrants using telecommunication means that allows for a quick response while also ensuring that all necessary documentation and record-keeping requirements are met. In conclusion, section 487.1(6) of the Criminal Code of Canada outlines the procedures that must be followed when a justice issues a warrant by telephone or other means of telecommunication. This provision emphasizes the importance of documentation and record-keeping in the legal system, while also striking a balance between the need for speed and urgency and the need for due process and accountability. By ensuring that all aspects of the warrant are fully documented and recorded, this section provides a framework for issuing warrants using telecommunication means that allows for a quick response while also ensuring that the legal system remains fair, transparent, and accountable.
STRATEGY
Section 487.1(6) of the Criminal Code of Canada outlines the procedures that must be followed when a warrant is issued by telephone or other means of telecommunication. This section of the code requires that the justice issuing the warrant completes and signs Form 5.1, and that the peace officer completes a facsimile of the warrant in duplicate. The warrant must then be filed with the clerk of the court for the territorial division in which the warrant is intended for execution. When dealing with this section of the Criminal Code of Canada, there are a number of strategic considerations that must be taken into account. These considerations include the nature of the offence being investigated, the urgency of the situation, and the potential impact on civil liberties. One strategy that could be employed when dealing with Section 487.1(6) is to ensure that all necessary information is provided to the justice issuing the warrant. This can include providing detailed information about the suspect, their location, and any potential threats they may pose. By providing this information, the justice can make an informed decision about whether to issue the warrant and what actions should be taken by the peace officers executing the warrant. Another strategy that can be employed is to ensure that all procedures are followed carefully and accurately. This can involve training peace officers on the proper procedures for completing the facsimile of the warrant and ensuring that the warrant is filed with the clerk of the court as soon as practicable after it has been issued. By following these procedures carefully, the integrity of the warrant and the investigation can be protected. When dealing with Section 487.1(6) of the Criminal Code of Canada, it is also important to consider the potential impact on civil liberties. This section of the code provides for the issuance of warrants by telephone or other means of telecommunication, which can be seen as an infringement on the right to privacy. As such, it is important to ensure that any actions taken under this section of the code are necessary and proportionate to the offence being investigated. In conclusion, there are a number of strategic considerations that must be taken into account when dealing with Section 487.1(6) of the Criminal Code of Canada. These considerations include providing the necessary information to the justice issuing the warrant, following proper procedures for completing and filing the warrant, and considering the impact on civil liberties. By employing these strategies, law enforcement agencies can ensure that the integrity of the warrant and the investigation are protected while protecting the rights of individuals under investigation.