section 187(3)

INTRODUCTION AND BRIEF DESCRIPTION

The Attorney General must be given a chance to be heard before an order is made for documents relating to certain applications.

SECTION WORDING

187(3) 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 subsection 184.2(2) or section 184.3 may only be made after the Attorney General has been given an opportunity to be heard.

EXPLANATION

Section 187(3) of the Criminal Code of Canada is an important provision that outlines the requirements for obtaining an order for documents relating to applications made under subsection 184.2(2) or section 184.3. These sections deal with the authorization of intercepted communication by police or other authorized officials during an investigation. The section states that an order for documents related to such applications can only be made after the Attorney General has been given an opportunity to be heard. This means that the Attorney General must be provided with the opportunity to express their opinion on the order and to present any evidence or arguments they may have for or against it. This requirement is a crucial safeguard designed to protect the rights of individuals and ensure that any orders made are done so in a fair and impartial manner. Since these orders may infringe on an individual's privacy rights, it is important that the Attorney General, who represents the interests of the public, is able to scrutinize these orders and ensure that they are justified and necessary. Overall, section 187(3) helps to balance the need for law enforcement to obtain information during an investigation with the protection of individuals' privacy rights, ensuring that any orders made are done so in accordance with the principles of justice and fairness.

COMMENTARY

Section 187(3) of the Criminal Code of Canada is an important provision that outlines an additional requirement that must be met before an order can be made with respect to certain documents relating to an application made pursuant to subsection 184.2(2) or section 184.3. This provision requires that the Attorney General must be given an opportunity to be heard before such an order can be made. Subsection 184.2(2) and section 184.3 of the Criminal Code of Canada both pertain to the interception of communications by law enforcement agencies. Specifically, subsection 184.2(2) sets out the requirements that must be met before a judge can issue an authorization for the interception of a communication, while section 184.3 deals with the use and disclosure of intercepted communications. The documents that are subject to an order under subsection (1.2), (1.3), (1.4) or (1.5) typically include materials used in support of an application made pursuant to subsection 184.2(2) or section 184.3. These may include details of the target communication, the identity of the individuals involved, and other relevant information. An order made under these provisions can be crucial in gaining access to the information needed to properly investigate and prosecute criminal activities. However, it is also important to ensure that the rights of individuals are protected during this process. The Attorney General is the chief legal advisor to the government of Canada and has an important role in protecting the interests of the state, including ensuring that the legal process is followed correctly. By requiring that the Attorney General be given an opportunity to be heard before an order is made with respect to these documents, the Criminal Code of Canada provides an additional layer of protection for individuals, while still allowing law enforcement agencies to carry out their duties effectively. One potential issue with this provision is the potential for delays in the process. If the Attorney General is not available to be heard, or if there are disagreements between the Attorney General and the court regarding the appropriate course of action, this could slow down the process and potentially impede the effectiveness of law enforcement activities. However, it is ultimately crucial that the interests of justice are protected and that individuals are not unduly penalized through improper legal proceedings. In conclusion, Section 187(3) of the Criminal Code of Canada is an important provision that helps to protect the rights of individuals while still allowing law enforcement agencies to carry out their duties effectively. By requiring that the Attorney General be given an opportunity to be heard before an order is made with respect to certain documents relating to the interception of communications, this provision adds an essential layer of protection to the legal process. Overall, it is important that we continue to balance the needs of law enforcement with the protection of rights and freedoms, in order to ensure a fair and just legal system for all Canadians.

STRATEGY

Section 187(3) of the Canadian Criminal Code is a provision that outlines the requirements for obtaining an order relating to documents in the context of an application made pursuant to subsection 184.2(2) or section 184.3. This section provides that such an order can only be made after the Attorney General has been given an opportunity to be heard. In this paper, we will explore some strategic considerations when dealing with this section of the Criminal Code and some practical strategies that can be employed. Strategic Considerations 1. Timing Timing is a crucial aspect to consider when dealing with Section 187(3) of the Criminal Code. The provision requires that the Attorney General must be given an opportunity to be heard before the order is made. Therefore, it is essential to plan ahead and ensure that the Attorney General is notified in a timely manner to avoid any delays or disruptions. 2. Communication Communication is another critical strategic consideration when dealing with Section 187(3) of the Criminal Code. It is essential to establish effective communication with the Attorney General's office and keep them informed of any developments related to the application. Open communication ensures that all parties are aware of the proceedings and can respond appropriately. 3. Legal Expertise Legal expertise is vital when dealing with any legal provision. It is essential to engage experienced legal counsel early in the process to ensure that the application is prepared correctly and complies with all legal requirements. Legal expertise also helps to navigate any challenges that may arise during the process. Strategies 1. Obtain the Attorney General's Consent One practical strategy that can be employed is to seek the Attorney General's consent before making the application. If the Attorney General agrees to the application, the order can be obtained without going through the process of giving the Attorney General an opportunity to be heard. This approach can save time and resources. 2. Notify the Attorney General Early Another practical strategy is to provide early notification to the Attorney General of the intent to file the application. This notification serves as a courtesy to the Attorney General and ensures that they have adequate time to prepare and respond. 3. File the Application Correctly It is essential to file the application correctly and in compliance with all legal requirements. This strategy ensures that the application is not dismissed, and no delays occur. An application filed correctly also helps to establish a good working relationship with the Attorney General's office. 4. Engage Experienced Legal Counsel Engaging experienced legal counsel is another practical strategy that can be employed when dealing with Section 187(3) of the Criminal Code. Experienced legal counsel can provide valuable guidance on the application process, communicate with the Attorney General's office and assist with any legal challenges that may arise. Conclusion In conclusion, Section 187(3) of the Canadian Criminal Code is a crucial provision that outlines the requirements for obtaining an order relating to documents in the context of an application. The strategic considerations and practical strategies outlined in this paper can help ensure that the application process is smooth, efficient, and compliant with all legal requirements. Ultimately, engaging experienced legal counsel and maintaining open communication with the Attorney General's office can help to achieve the desired outcome.