Criminal Code of Canada - section 487.3(4) - Application for variance of order

section 487.3(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for an application to terminate or modify an order related to a warrant or production order.

SECTION WORDING

487.3(4) An application to terminate the order or vary any of its terms and conditions may be made to the justice or judge who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant or production order was obtained may be held.

EXPLANATION

Section 487.3(4) of the Criminal Code of Canada provides a mode for persons affected by a warrant or production order under the section to apply for termination of the order or variation of any of its conditions. The application can be made to the justice or judge who granted the order or to any judge of the court before which proceedings arising out of the investigation to which the warrant or order relates may be held. This section recognizes that circumstances may change or new information may arise after the warrant or order has been issued, which might warrant the modification or termination of the order. Persons affected by the order can use the provision to seek relief from the order before the court. The provision also recognizes the importance of the court's jurisdiction over the warrant or order, as well as the investigation or proceedings to which the warrant or order relates. This is in line with the principle that the court should remain seized of the matter so long as it remains relevant and pending before them for resolution. Overall, section 487.3(4) provides a safeguard for affected persons to seek modification or termination of a warrant or order issued under the section, thereby promoting fairness and justice in the administration of the law.

COMMENTARY

Section 487.3(4) of the Criminal Code of Canada serves as a provision for individuals to apply for the termination of a warrant or to modify its conditions. The section specifically grants the power to make this application to the justice or judge who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant or production order was obtained may be held. This means that anyone who feels that they are being unfairly targeted by the warrant or believes that the conditions are too harsh can seek relief from the court that granted the warrant. This section of the Criminal Code of Canada is instrumental in ensuring that justice is served in cases where warrants or production orders have been issued. As cases continue to develop, it is possible that further investigation may bring to light new evidence that invalidates the warrant or its conditions. In such situations, the provision of this section provides a way for individuals to seek relief from the court. The provision also plays an essential role in preventing the abuse of power by law enforcement agencies. The power granted to law enforcement agencies to execute warrants must be balanced against the individual rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms. Section 487.3(4) serves as an additional check on the power of law enforcement agencies, allowing individuals to challenge the legitimacy of the warrant. In cases where reasonable grounds do not support the warrant, individuals can use Section 487.3(4) to argue that the warrant or its conditions should be terminated. The provision ensures that individuals can exercise their full rights under the law, and that law enforcement is held accountable when they overstep their boundaries. The system provides a balance that is essential to the functioning of the justice system. Overall, Section 487.3(4) of the Criminal Code of Canada serves as an essential provision that ensures that the power granted to law enforcement agencies is balanced against the rights and freedoms of individuals. The power granted to law enforcement agencies is immense, and as such, it is critical that individuals have a means to challenge this power when it is abused or when the warrant or its conditions are no longer justifiable. It is an important safeguard that ensures that there is accountability and transparency when it comes to law enforcement activity.

STRATEGY

Section 487.3(4) of the Criminal Code of Canada outlines the process for terminating or varying a warrant or production order. This provision allows for flexibility in the implementation of these orders and provides individuals or organizations with the ability to request changes or ending them if it is appropriate to do so. However, there are certain strategic considerations that ought to be taken into account when dealing with this section of the Criminal Code of Canada. One important consideration is the timing of the application. It is essential to consider when the application for the termination or variance of the order should be made. If it is made too soon, there may not be enough evidence or support to justify the request. On the other hand, if the application is made too late in the process, it may be difficult to convince the judge that the order should be terminated or varied. Thus, it is recommended to make the application at an appropriate time, when sufficient evidence exists to support the request. Another critical consideration is the preparation of the documentation for the application. To be successful, the party seeking to terminate or vary the order must provide the court with cogent and convincing evidence supporting their argument. The documentation must be persuasive and show how the circumstances have changed or why the application is necessary. Thus, ensuring comprehensive and well-prepared documentation is essential to the success of the application. Additionally, the legal team should consider the judge who will adjudicate the application. Each judge has their particular preferences and styles, and it's worthwhile to research their previous decisions. This research may reveal their tendencies and predispositions, and this information can be used to craft a more effective argument. Knowing the judge's attitudes towards certain types of cases or arguments can be advantageous in formulating a strategic approach. One strategy that could be employed to increase the chances of the application's success is the engagement of a skilled legal team. The legal team should have experience in similar cases and have an in-depth understanding of the law, the jurisprudence, and the judges. The team should also possess advocacy and persuasion skills to effectively present the case in front of the court. A well-prepared legal team can ensure that the application is framed and argued in such a way that it maximizes the chances of success. In conclusion, Section 487.3(4) of the Criminal Code of Canada provides parties with the opportunity to terminate or vary a warrant or production order. However, strategic considerations must be taken into account when dealing with this section of the Criminal Code to ensure a successful outcome. These strategies include timing the application properly, preparing persuasive documentation, researching the judge's tendencies, and engaging an experienced legal team. Adhering to these considerations can significantly increase the chances of success when applying to terminate or vary an order.