INTRODUCTION AND BRIEF DESCRIPTION
An order for documents relating to certain applications can only be made after the Attorney General or Minister of Public Safety and Emergency Preparedness has been given the opportunity to be heard.
SECTION WORDING
187(2) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to section 185 or subsection 186(6) or 196(2) may only be made after the Attorney General or the Minister of Public Safety and Emergency Preparedness by whom or on whose authority the application for the authorization to which the order relates was made has been given an opportunity to be heard.
EXPLANATION
Section 187(2) of the Criminal Code of Canada pertains to the procedure that must be followed when an order is made regarding documents related to an application made under section 185, subsection 186(6), or 196(2). In such cases, the Attorney General or the Minister of Public Safety and Emergency Preparedness must be given an opportunity to be heard before the order can be issued. This section of the Criminal Code is essential to ensure that there is transparency and accountability in the process of granting authorization to access private information. It ensures that the individuals who apply for such authorization are subject to scrutiny and that the decision-making entity acts responsibly and with due diligence. By giving the Attorney General or the Minister an opportunity to be heard, 187(2) allows them to challenge the evidence presented in support of an application. This, in turn, ensures that the fundamental rights of individuals are protected, and a fair and just outcome is achieved. The section also serves to prevent abuse of power by individuals seeking to access private information without proper justification. In conclusion, section 187(2) is an essential aspect of the Criminal Code, which ensures that applications for authorization to access private information are subject to scrutiny and are handled responsibly. The provision highlights the importance of transparency, accountability and due process in any judicial or quasi-judicial proceeding.
COMMENTARY
Section 187(2) of the Criminal Code of Canada is a crucial legal provision that governs the access and use of documents that relate to an application made pursuant to section 185 or subsection 186(6) or 196(2) of this Code. Specifically, this provision specifies that an order to access or use such documents may only be made under certain conditions. One of the key conditions for making an order under this section is that the Attorney General or the Minister of Public Safety and Emergency Preparedness responsible for the relevant application must be given an opportunity to be heard. In other words, the relevant authority must be informed and allowed to provide input or objection before an order is made. This requirement ensures that the said authority is aware of any potential access to sensitive documents and can take steps to protect relevant interests or prevent unauthorized disclosure of sensitive information. This provision underscores the importance of providing proper legal safeguards in sensitive criminal proceedings. It affirms the right of authorities to be informed and heard before their sensitive documents are accessed or used in legal proceedings. It is also a reminder that any access to such documents must be done with care and deliberation to avoid compromising any ongoing investigations or undermining public trust in the justice system. Moreover, Section 187(2) of the Criminal Code of Canada ensures that any authorization for access or use of documents related to criminal investigations or proceedings must respect the privacy and personal rights of individuals. Access to documents pertaining to an ongoing investigation or court proceeding can lead to a breach of privacy and cause reputational damage to the individuals involved. As such, this provision seeks to preserve the privacy and integrity of the criminal justice system. In essence, Section 187(2) of the Criminal Code of Canada functions as an important protection for individual privacy rights and government interests in the context of criminal investigations and proceedings. It underscores the importance of ensuring legal safeguards in the handling of sensitive documents, and it assists the relevant authorities in protecting their interests and responsibilities. Overall, the exclusionary provisions under Section 187(2) reflect the careful balancing act of protecting the privacy, safety, and integrity of the criminal justice system. It is essential to ensure that the system is not abused or compromised in any way, and that appropriate safeguards are put in place to avoid any miscarriage of justice. In conclusion, the Criminal Code of Canada is designed to provide critical legal protections to the rights and interests of individuals and the government in the context of criminal proceedings. Section 187(2) is one such provision that has helped to protect the integrity and privacy of the criminal justice system, and it is a significant step in balancing competing interests in the legal process. By providing a framework for the handling of sensitive documents related to criminal investigations and proceedings, this provision helps to guarantee that justice is served in a fair and equitable manner.
STRATEGY
Section 187(2) of the Criminal Code of Canada is critical when dealing with applications made pursuant to Section 185 or subsections 186(6) or 196(2) of the Code. These provisions allow law enforcement agencies to obtain authorization to intercept communications or conduct searches and seizures without a warrant in certain situations. However, before any documents relating to an application can be disclosed or produced, an order under one of these subsections must be obtained, and the Attorney General or the Minister of Public Safety and Emergency Preparedness must be given an opportunity to be heard. The strategic considerations when dealing with this section of the Criminal Code include the need for effective communication within the law enforcement agency, understanding the scope of the section, ensuring that all legal procedures are followed, and balancing the interests of national security and individual rights. Some of the strategies that could be employed include: 1. Proper communication within the law enforcement agency It is essential to have clear and effective communication within the law enforcement agency to ensure that everyone understands the provisions of Section 187(2) of the Criminal Code. This will help to avoid any mistakes or omissions that could lead to the failure of an application or disclosure of unauthorized information. 2. Understanding the scope of the section Understanding the scope of this section is critical to ensure that all legal requirements are met. This includes knowing what types of documents are covered, when an order can be made, and who has the authority to make such an order. 3. Following legal procedures All legal procedures must be followed when dealing with applications made pursuant to Section 185 or subsections 186(6) or 196(2) of the Criminal Code. This includes obtaining proper authorization from the appropriate authority, ensuring that all documents relating to the application are properly classified, and making an application for an order under Section 187(2) before any documents can be disclosed. 4. Balancing national security and individual rights Another critical consideration when dealing with this section of the Criminal Code is balancing national security interests with individual rights. While the government has a responsibility to protect its citizens, it must also ensure that privacy and other fundamental rights are not infringed upon. 5. Developing a case-by-case strategy Finally, a case-by-case strategy should be developed when dealing with applications made pursuant to Section 185 or subsections 186(6) or 196(2) of the Criminal Code. This means considering the specific circumstances of each case to determine the appropriate strategy to be employed. In conclusion, Section 187(2) of the Criminal Code of Canada is critical when dealing with applications made pursuant to Section 185 or subsections 186(6) or 196(2) of the Code. Effective communication within the law enforcement agency, understanding the scope of the section, following legal procedures, balancing national security and individual rights, and developing a case-by-case strategy are all essential considerations that can guide the approach taken when dealing with this section of the Criminal Code.