INTRODUCTION AND BRIEF DESCRIPTION
This section prohibits the publication of information that could identify a protected victim or witness in proceedings against a person who fails to comply with an order.
SECTION WORDING
672.501(12) For greater certainty, an order referred to in subsection (11) also prohibits, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim or witness whose identity is protected by the order.
EXPLANATION
Section 672.501(12) of the Criminal Code of Canada is an important provision that guarantees privacy and protection to victims and witnesses of certain crimes. This section stipulates that any publication, documentation, broadcasting, transmission or any other form of dissemination of information that could potentially identify a victim or a witness whose identity is protected by the court order is prohibited. The order referred to in this subsection is typically issued by a judge, and it operates as a form of 'gag order' prohibiting any individual or entity from disclosing confidential information about the victim or the witness. The purpose of this order is to safeguard their identities and protect them from any potential harm or retaliation that might arise from their cooperation in the criminal proceedings. This provision applies to both criminal and civil cases and applies at all stages of the proceedings, from the time the order is issued until the trial is concluded. While this provision is essential in upholding the privacy rights of victims and witnesses, it also presents challenges for journalists and media outlets who are restricted in their ability to report on high-profile criminal cases. Overall, section 672.501(12) of the Criminal Code of Canada plays a significant role in ensuring the privacy and safety of individuals who participate in the Canadian criminal justice system.
COMMENTARY
Section 672.501(12) of the Criminal Code of Canada reaffirms the importance of protecting the identity of victims and witnesses in criminal proceedings. This section provides that an order prohibiting the publication or broadcasting of information that could identify a victim or witness also applies to proceedings against individuals who fail to comply with the order. One of the primary reasons for protecting the identities of victims and witnesses is to prevent retaliation or further harm to these individuals. In cases involving violent crimes or organized crime, witnesses may be at risk of physical harm or intimidation if their identities are revealed. Providing anonymity to these individuals can help them feel safer and more comfortable speaking out about what they have witnessed without fear of reprisal. Additionally, protecting the identities of victims and witnesses can help to ensure that criminal proceedings are fair and just. If information that could identify these individuals is made public, it could jeopardize the outcome of the trial by potentially biasing the jury or influencing the judge's decision. However, there are instances where the identities of victims and witnesses may be disclosed. For example, if the testimony of a witness is crucial to a fair trial, a judge may order that the witness' identity be disclosed to the defence. Similarly, in cases where the identity of a victim is already widely known, a judge may lift the publication ban to allow for reporting on the case. Overall, section 672.501(12) is an important provision in the Canadian criminal justice system. It ensures that the privacy and safety of victims and witnesses is protected, while also allowing for exceptions in cases where disclosure is necessary for the fair administration of justice. By prioritizing the well-being of those involved in criminal proceedings, this provision helps to create a more equitable and just legal system.
STRATEGY
Section 672.501(12) of the Criminal Code of Canada is a provision that is intended to protect the identities of victims and witnesses who have been given an order of protection. This provision is essential in ensuring that the victims remain secure and unharmed. The provision prohibits the publication or broadcasting of any information that could reveal the victim's or witness's identity in any document, whether it is a print or electronic copy. Dealing with this section of the Criminal Code of Canada requires strategic considerations to ensure compliance with the law while protecting the rights of the victim and witness. When dealing with this provision, some strategies that could be employed include the following: 1. Education: The first consideration is to educate parties involved, including media houses, journalists, and other interested parties, on the importance of protecting the identity of victims and witnesses. This can be achieved through public information campaigns, workshops, and seminars on the subject. This approach will emphasize the importance of compliance with the law, reducing the likelihood of violations occurring. 2. Regular Monitoring of Compliance: It is vital to have regular monitoring of compliance with this provision. This means that courts, law enforcement agencies, and other relevant institutions must keep a keen eye on media platforms, social media, and print media to ensure that no information that could reveal the identity of protected victims and witnesses are published. Regular monitoring will help to identify any potential breaches and take the appropriate action. 3. Sealing of Court Records: Court records must be sealed to prevent unauthorized access to information that could reveal the identity of protected victims and witnesses. Courts and law enforcement agencies must ensure that court documents that contain sensitive information are sealed from public access, and only authorized individuals with valid reasons can access them. 4. Use of Pseudonyms: The use of pseudonyms is another strategy that can be employed when dealing with the section of the Criminal Code of Canada. A pseudonym is an alternative name that can be used instead of the actual name of the victim or witness. Using a pseudonym can be a necessary measure to ensure that the victim or witness is protected. 5. Technology: The use of technology such as encryption can also be utilized. This approach is essential when dealing with electronic documents that require protection. By using digital encryption, it becomes easy to ensure the safe transmission of sensitive information relating to victims and witnesses. 6. Confidentiality Agreements: Confidentiality agreements wherein media houses and journalists signed documents agreeing to confidentiality can also be employed when dealing with the section of the Criminal Code of Canada. These agreements will serve as a legal document that emphasizes the importance of confidentiality, reducing the likelihood of leaks occurring. In conclusion, the strategic considerations when dealing with section 672.501(12) of the Criminal Code of Canada are vast, and the strategies listed above are just a few examples. The primary goal is to ensure compliance with the law while protecting the rights of the victims and witnesses. Employing these strategies will reduce the likelihood of breaches occurring, promoting an environment wherein victims and witnesses are protected and secure.