INTRODUCTION AND BRIEF DESCRIPTION
It is an offense for anyone to publish or broadcast any information related to the location or identity of a person involved in an offense, in relation to which a search warrant was issued, without their consent.
SECTION WORDING
487.2 If a search warrant is issued under section 487 or 487.1 or a search is made under such a warrant, every one who publishes in any document, or broadcasts or transmits in any way, any information with respect to (a) the location of the place searched or to be searched, or (b) the identity of any person who is or appears to occupy or be in possession or control of that place or who is suspected of being involved in any offence in relation to which the warrant was issued, without the consent of every person referred to in paragraph (b) is, unless a charge has been laid in respect of any offence in relation to which the warrant was issued, guilty of an offence punishable on summary conviction.
EXPLANATION
Section 487.2 of the Criminal Code of Canada serves as a protective measure for individuals who may be involved in a police investigation. This section makes it an offence for anyone to publish or broadcast information related to the location of a place being searched or occupied by a suspect, or the identity of a person suspected of being involved in an offence, without the consent of those individuals. The purpose of this section is to ensure that law enforcement officers are able to carry out their duties effectively and without interference from outside sources. If information related to a police investigation is made public, it can compromise the investigation and potentially jeopardize the safety of all involved. The penalty for violating this section is a summary conviction, meaning a lesser penalty than a more serious indictable offence. Overall, this section emphasizes the importance of protecting privacy and confidentiality of suspects and individuals involved in police investigations.
COMMENTARY
Section 487.2 of the Criminal Code of Canada has been enacted to protect individuals who are the subject of a search warrant or investigation. The section deals with the publication or broadcasting of information related to the location of the place searched or to be searched, or the identity of any person who is or appears to occupy or be in possession or control of that place or who is suspected of being involved in any offence in relation to which the warrant was issued. The section is meant to protect the privacy and security of individuals who may be innocent and who may be affected by the investigation. Publication or broadcasting of information related to the search or the identity of the individuals involved can have serious consequences for their reputation and safety. In addition to this, it can also hamper the investigation and interfere with the criminal justice system. Section 487.2 places a legal obligation on every individual not to publish or broadcast any information with respect to the location or identity of the individuals involved without their consent. Failure to comply with this obligation can result in criminal charges, even if a charge has not been laid in respect of any offence in relation to which the warrant was issued. The section provides for a summary conviction, which means that it is a less serious offence than an indictable offence. The penalty for committing an offence under this section can include a fine, imprisonment for a term of up to six months, or both. It is important to note that the section does not prevent the publication or broadcasting of information related to the search or the identity of the individuals involved if it is done with their consent. In addition, it does not prevent the publication or broadcasting of any information related to the search or investigation that is already public knowledge. Overall, Section 487.2 of the Criminal Code of Canada is an important legal provision that protects the privacy and security of individuals who are involved in a search or investigation. It ensures that individuals are not unfairly impacted by the investigation and that the criminal justice system is not interfered with. The section serves as a reminder to individuals and media organizations to respect the privacy and rights of individuals who are involved in a search or investigation.
STRATEGY
Section 487.2 of the Criminal Code of Canada is a crucial provision that creates legal obligations for individuals who are in possession of information relating to a search warrant. It sets out the circumstances under which information about a search warrant can be published and transmitted, and the penalties that can be incurred for failing to comply with these provisions. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that one should keep in mind. First, it is important to recognize that the protection afforded by this provision is broad. The law prohibits the publication or dissemination of any information that could identify the location of the place being searched or the identity of any person who is suspected of being involved in any offense in relation to which the warrant was issued, without the consent of every person referred to in paragraph (b). This includes not only traditional modes of communication, such as publications, but also modern means of communication, such as social media platforms, text messages, and emails. Second, it is important to assess the strength of the legal protections that apply in a given situation. For example, if a search warrant has been executed and charges have been laid, then the publication or dissemination of information relating to the search may be permissible in certain circumstances. This is because once charges have been laid, the protections afforded by Section 487.2 may be overridden by other legal obligations, such as the right to a fair trial. Third, it is important to be aware of the potential consequences of violating Section 487.2. The provision creates a criminal offense, punishable on summary conviction. This means that the penalties can include imprisonment for up to two years and/or a fine. In addition to these legal penalties, the reputation of an individual who is found guilty of violating Section 487.2 may be damaged, and they could be subject to legal action from affected parties. Given these strategic considerations, it is important to take a number of steps to mitigate the risk of violating Section 487.2. One strategy is to establish clear policies and procedures governing the handling of information relating to search warrants. These policies should set out when and how information can be published and transmitted, and should require that anyone who receives such information obtain the consent of all affected parties before making it public. Another strategy is to ensure that all personnel who may be exposed to information relating to search warrants are trained on the requirements of Section 487.2. This can include providing training on the types of information that can and cannot be published and transmitted, as well as on the potential consequences of violating these requirements. In addition, it may be advisable to establish mechanisms for monitoring and enforcing compliance with Section 487.2. This can include conducting periodic audits of records and communications, as well as imposing disciplinary measures for employees found to be in violation of the law. Overall, when dealing with Section 487.2 of the Criminal Code of Canada, it is important to take a strategic and proactive approach to mitigating the risks of violating this provision. By establishing clear policies and procedures, providing training, and monitoring compliance, individuals and organizations can ensure that they are in compliance with the law and avoid serious legal and reputational consequences.