Criminal Code of Canada - section 187(1) - Manner in which application to be kept secret

section 187(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that all documents related to an application made under this Part are confidential and must be sealed and kept in the custody of the court.

SECTION WORDING

187(1) All documents relating to an application made pursuant to any provision of this Part are confidential and, subject to subsection (1.1), shall be placed in a packet and sealed by the judge to whom the application is made immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in such other place as the judge may authorize and shall not be dealt with except in accordance with subsections (1.2) to (1.5).

EXPLANATION

Section 187(1) of the Criminal Code of Canada pertains to the confidentiality of documents submitted as part of an application process in a criminal investigation or proceeding. The section states that all such documents are confidential and must be placed in a packet and sealed by the judge immediately upon determination of the application. The packet containing the documents is to be kept in the custody of the court in a place to which the public has no access or in a location authorized by the judge. The purpose of this section is to ensure the privacy and security of sensitive information related to criminal proceedings. It is intended to protect the privacy and legal interests of the individual or individuals involved in the proceedings, as well as to prevent the unauthorized disclosure of information that could potentially compromise the investigation or legal proceedings. The section outlines several subsections for the handling of the sealed packet of documents. Subsections (1.2) to (1.5) describe who may access the documents, the circumstances in which they may be released, and the procedures for granting access. The release of these documents is tightly controlled to prevent misuse and to ensure that only authorized individuals or entities have access to them. Overall, Section 187(1) plays an important role in safeguarding the privacy and integrity of criminal investigations and proceedings in Canada. It demonstrates the Canadian legal system's commitment to protecting the rights of individuals within the context of the justice system.

COMMENTARY

Section 187(1) of the Criminal Code of Canada is an important provision that ensures the confidentiality of all documents related to an application made pursuant to any provision of Part VI of the Code. This provision applies to a wide range of applications made under Part VI, including applications for search warrants, production orders, wiretap authorizations, and other judicial authorizations. The purpose of this provision is to protect the privacy rights of individuals who are the subject of these applications. By ensuring that all documents related to these applications are confidential and sealed by the judge, the provision helps to prevent unauthorized disclosure of sensitive information that could harm the reputation or privacy of the individuals involved. At the same time, section 187(1) also ensures that the judiciary has the ability to access these documents when necessary. The provision requires that the sealed packet containing these documents be kept in the custody of the court in a place where the public has no access or in a place authorized by the judge. This ensures that the court can access these documents as needed for the purposes of review or appeal, while still maintaining their confidentiality. Section 187(1) also sets out a number of procedures that must be followed for the handling and disposal of these confidential documents. These procedures are designed to ensure that the documents are used only for the purposes for which they were obtained and are destroyed when they are no longer needed. For example, subsection 1.2 provides that the documents may be disclosed to other people or entities only in certain circumstances, such as where the person who provided the information consented to the disclosure or where the disclosure is required by law. Subsection 1.4 provides that the documents must be destroyed either when they are no longer needed or when the retention period specified in the Code has expired. Overall, section 187(1) is an important provision that plays a crucial role in protecting the privacy rights of individuals involved in the application process under Part VI of the Criminal Code of Canada. By ensuring that all documents related to these applications are confidential and sealed by the judge, the provision helps to prevent unauthorized disclosure of sensitive information and promotes trust in the judicial system.

STRATEGY

Section 187(1) of the Criminal Code of Canada protects the confidentiality of documents relating to applications made pursuant to any provision of Part V of the Code. Part V of the Criminal Code concerns procedures for obtaining search warrants, wiretap authorizations, and production orders. The section stipulates that all these documents shall be placed in a sealed packet by the judge immediately on determination of the application and kept in custody of the court where the public has no access. This provision aims to prevent unauthorized access and disclosure of information and to preserve the integrity of the investigative process. When dealing with section 187(1) of the Criminal Code of Canada, there are several strategic considerations to keep in mind. Firstly, it is important to ensure that all documents relating to the application are treated as confidential and placed in a sealed packet as per the provisions of the section. This ensures that the documents are kept securely and that unauthorized access or disclosure is prevented. Secondly, it is important to be aware of the exceptions to the confidentiality rule as set out in subsections (1.2) to (1.5) of the section. These exceptions allow for disclosure of the documents in certain circumstances, such as when they are needed for the purposes of a hearing or at the request of a person affected by the application. One strategy could be to carefully review these exceptions and ensure that any disclosures are made only when necessary and in accordance with the law. Thirdly, it is important to consider the broader context of the investigation and the impact that the confidentiality of the documents may have on the overall investigation. For example, if there are concerns about leaks or breaches of confidentiality, it may be necessary to implement additional security measures to protect the documents. Similarly, it may be necessary to consider whether the confidentiality of the documents may limit the scope of the investigation or pose challenges to the prosecution. One strategy that could be employed in dealing with section 187(1) is to ensure that all stakeholders involved in the investigation are aware of the provisions of the section and the importance of complying with them. This could involve providing training to investigators, prosecutors, and other relevant parties to ensure that they understand the requirements for confidentiality and the potential consequences of non-compliance. Additionally, it may be helpful to establish clear protocols and processes for handling and storing the documents to ensure that they are kept secure and that any disclosures are made in accordance with the law. In conclusion, section 187(1) of the Criminal Code of Canada is an important provision for protecting the confidentiality of documents relating to applications made under Part V of the Code. When dealing with this section, it is important to be aware of the exceptions to the confidentiality rule, the broader context of the investigation, and the potential impact that the confidentiality of the documents may have on the overall investigation and prosecution. Employing strategies such as ensuring compliance with the provisions, implementing additional security measures, and providing training and protocols can help to ensure that the confidentiality of the documents is protected and that the investigation proceeds effectively and lawfully.