INTRODUCTION AND BRIEF DESCRIPTION

If a court makes an order for sharing personal information, the Royal Canadian Mounted Police Commissioner and the relevant Attorney General or Minister of Justice must be notified.

SECTION WORDING

490.02905(5) If the court makes an order referred to in paragraph (2)(b), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

EXPLANATION

Section 490.02905(5) of the Criminal Code of Canada establishes the duty of courts to notify the Commissioner of the Royal Canadian Mounted Police and the Attorney General of a province or minister of justice of a territory in which an application for an order has been made under paragraph (2)(b) of the same section. This notification requirement is intended to ensure that law enforcement authorities and criminal justice officials are kept apprised of important changes in legal proceedings that may affect their ability to enforce the law and maintain public safety. Paragraph (2)(b) of section 490.02905 empowers courts to order the forfeiture, detention, or preservation of property seized in connection with a criminal investigation or prosecution. This order is typically sought when the property in question is suspected of being associated with criminal activity, such as drug trafficking or money laundering. Forfeiture of property can be a powerful tool to disrupt criminal enterprises, but it also raises important due process concerns, as property owners may be deprived of their rights to their assets without a fair hearing in court. To address these concerns, the Criminal Code of Canada provides a detailed set of procedural safeguards, including the notice requirement in section 490.02905(5). The notification of the Commissioner of the Royal Canadian Mounted Police and the Attorney General of a province or minister of justice of a territory is important because they are the officials responsible for enforcing the law and prosecuting criminals. By keeping them informed of proceedings related to property seizures and forfeitures, courts help to ensure that law enforcement authorities are able to act quickly and effectively to prevent further criminal activity and safeguard the public. Furthermore, by providing notice to these officials, section 490.02905(5) helps to promote transparency and accountability in the legal process, enabling parties to challenge decisions that may have been made unfairly.

COMMENTARY

Section 490.02905(5) of the Criminal Code of Canada establishes the obligation of the court to notify the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made if it makes an order referred to in paragraph (2)(b). This notification requirement ensures that the relevant authorities are informed of the court's decision and are able to take appropriate steps to enforce it. This section applies to orders made under paragraph (2)(b) of section 490.02905, which allows a court to make an order prohibiting a person from possessing any firearm, crossbow, prohibited weapon, restricted weapon, ammunition, or explosive substance. This type of order is known as a weapons prohibition order and is typically used in cases where a person has been convicted of a weapons offence, has a history of violence, or is deemed to be a risk to public safety. By notifying the Commissioner of the Royal Canadian Mounted Police and the relevant provincial or territorial authority of the court's decision to issue a weapons prohibition order, these authorities are able to monitor compliance with the order and take enforcement action if necessary. This notification requirement also allows for the sharing of information between different levels of government and law enforcement agencies, which can be crucial in ensuring public safety. One of the potential benefits of this notification requirement is that it may help to reduce the risk of firearms and other dangerous weapons falling into the wrong hands. By prohibiting certain individuals from possessing these items, weapons prohibition orders can help to prevent tragedies such as mass shootings and other violent crimes. By notifying the relevant authorities of the court's decision, law enforcement agencies can work together to enforce these orders and prevent prohibited individuals from accessing firearms and other dangerous weapons. However, there are also potential challenges associated with this section of the Criminal Code. For example, there may be concerns about privacy and confidentiality if information about the court's decision is shared too widely. Additionally, there may be challenges in enforcing weapons prohibition orders, particularly if the individual subject to the order is determined to obtain firearms or other prohibited items through illegal means. Overall, Section 490.02905(5) of the Criminal Code of Canada is an important provision that helps to ensure the effective enforcement of weapons prohibition orders. By requiring the court to notify the relevant authorities of its decision, this section helps to promote public safety and prevent dangerous weapons from falling into the wrong hands. While there are certainly challenges associated with enforcing weapons prohibition orders, this section serves as an important tool in the fight against violence and extremism.

STRATEGY

Section 490.02905(5) of the Criminal Code of Canada is a provision that governs the notification requirements when a court makes an order under paragraph (2)(b) of the section. Paragraph (2)(b) allows the court to order the release of a thing seized under a search warrant, with or without conditions. When the court makes an order under this provision, it must notify the Commissioner of the Royal Canadian Mounted Police and the Attorney General or Minister of Justice of the province or territory in which the application for the order was made. There are several strategic considerations when dealing with this section of the Criminal Code of Canada. Some of these include: 1. Communication: One of the most important considerations is communication. When a court makes an order under this provision, the parties involved should ensure that they communicate effectively to ensure that all relevant parties are notified. This includes ensuring that the Commissioner of the Royal Canadian Mounted Police and the Attorney General or Minister of Justice are notified promptly. 2. Timing: Another important consideration is timing. Notification must be made as soon as possible after the court makes the order. This requires parties to act quickly and efficiently to ensure that the required notifications are made promptly. Delays in notification could result in legal or operational issues that could impact the outcome of the case. 3. Understanding the requirements: It is also important to understand the notification requirements set out in the section. Parties must ensure that they are familiar with the specific notification requirements and that they comply with these requirements to avoid legal or operational issues. 4. Complying with other laws: It is also important to comply with other applicable laws when making notifications. For example, parties must comply with privacy laws when disclosing personal information in the context of notification. Some strategies that could be employed to deal with this section of the Criminal Code of Canada include: 1. Developing protocols: It is important for parties to develop protocols that specify who is responsible for making notifications, the timeline for notification, and how notification will be made. These protocols should be communicated to all relevant parties, and regular training should be provided to ensure that everyone understands their roles and responsibilities. 2. Using technology: Parties could also use technology to facilitate the notification process. For example, automated notifications could be used to ensure that notifications are made promptly and efficiently. 3. Conducting regular reviews: Parties should regularly review their notification processes to identify areas for improvement. This could involve conducting audits or seeking feedback from relevant stakeholders. 4. Seeking legal advice: Parties should seek legal advice if they are unsure about their obligations under this section. Legal advice can help ensure that parties comply with the law and avoid legal or operational issues. In conclusion, Section 490.02905(5) of the Criminal Code of Canada sets out the notification requirements when a court makes an order under paragraph (2)(b) of the section. Parties should carefully consider the strategic considerations and employ the strategies outlined above to ensure that they comply with their notification obligations. This will help ensure that the legal process is effective and efficient, and that all parties involved are notified promptly and appropriately.