section 187(5)

INTRODUCTION AND BRIEF DESCRIPTION

The accused must be provided with a copy of a document with certain parts deleted by the prosecutor.

SECTION WORDING

187(5) After the prosecutor has deleted the parts of the copy of the document to be given to the accused under subsection (4), the accused shall be provided with an edited copy of the document.

EXPLANATION

Section 187(5) of the Criminal Code of Canada outlines the process by which an accused individual must be provided with an edited copy of a document once certain parts have been deleted by the prosecutor. This section is important in ensuring that accused individuals are able to review relevant documents in a criminal case while also protecting sensitive information or ensuring that an ongoing investigation is not compromised. The process outlined in this section begins with the prosecutor deleting parts of the document that would not be admissible in court or could otherwise harm the investigation. Once this editing process is complete, the accused is provided with a copy of the document that has only the relevant, admissible information remaining. This section is consistent with the principles of due process and fairness in the Canadian legal system. By providing the accused with access to relevant documents while also ensuring that sensitive information is protected, the system is able to maintain a balance between the rights of the accused and the needs of the investigation. Overall, Section 187(5) of the Criminal Code of Canada plays a critical role in ensuring that accused individuals are able to access relevant documents while still respecting the integrity of ongoing investigations. This section is crucial for upholding the principles of fairness and due process in the Canadian criminal justice system.

COMMENTARY

Section 187(5) of the Canadian Criminal Code lays out the procedure for providing an accused individual with an edited copy of a document. This section is an important aspect of the Canadian criminal justice system as it ensures that individuals who are facing criminal charges are provided with the necessary information to make informed decisions regarding their legal defense. Under subsection (4) of Section 187, the prosecutor must provide the accused individual with a copy of any document that the prosecution intends to use as evidence in their case. However, in some situations, certain parts of the document may not be relevant or may be prejudicial to the accused. In such cases, the prosecutor is required to delete those parts before providing the edited copy to the accused. The purpose of this provision is to strike a balance between providing the accused with the necessary information to prepare their defense, while also protecting them from any unfair prejudice that may result from the disclosure of irrelevant or prejudicial information. This ensures that the accused is not unduly burdened with irrelevant information, which could make it more difficult for them to refute the prosecution's case. Moreover, the provision guarantees that the accused has the requisite knowledge to understand the exact nature of the charges leveled against them. It guarantees that all evidence that may affect the outcome of the case is readily available. This ensures a fair and impartial trial which is the cornerstone of the Canadian criminal justice system. The phrase "edited copy" means that the prosecutor must provide the accused with a copy of the document from which certain parts have been removed. However, the prosecutor must ensure that the edited version provides the accused with all relevant information necessary to mount a defense. In some circumstances, editing a document may prove to be difficult, and the prosecutor may have to rely on the support of a judge. For example, if the accused is charged with multiple offenses, and the document relates to each charge, the prosecutor needs to edit only the parts of the document relating to the particular charge. The prosecutor may be unable or may have difficulties in identifying these relevant parts. Therefore, they may apply to the court, seeking the assistance of a judge to determine which parts should be removed. In conclusion, Section 187(5) of the Canadian Criminal Code plays a critical role in ensuring that accused individuals are provided with all the relevant information to mount a defense while protecting them from unfair prejudice. The provision seeks to strike a balanced approach between the rights of the accused to a fair trial and the interests of the prosecution in the interests of justice. This ensures that the criminal justice system operates within the ambit of the rule of law and safeguards the rights and liberties of all citizens.

STRATEGY

Section 187(5) of the Criminal Code of Canada is a crucial provision in the criminal justice system. It outlines that an edited copy of a document must be provided to the accused after the prosecutor has removed any sensitive or confidential information that could be detrimental to national security, justice, or any other public interest. This section of the law is crucial in ensuring that all parties involved receive fair trial processes. Strategic considerations are necessary when dealing with Section 187(5) of the Criminal Code of Canada. One such strategy is to consider the nature of the document in question. The decision to edit or redact certain information will depend on the type of document involved. In some cases, the prosecutor may edit out only specific paragraphs that are not relevant to the accused. In other cases, the entire document may be edited out if it is not relevant or if it could jeopardize national security. Another strategic consideration is the timing of the provision of the edited document to the accused. The law requires the prosecutor to provide the edited document to the accused after the necessary redactions have been completed. However, this can be a tricky situation, especially when dealing with sensitive cases. In such instances, the prosecutor may request the court to grant additional time to enable them to complete the redactions in the document. This strategy may help to ensure that the accused is not given access to information that could be harmful to their case. In some cases, the accused may not fully understand the document provided, even after the required redactions have been made. To counter this, both the prosecutor and the accused may opt to enlist the services of a legal professional, such as a defense attorney. The attorney can help the accused to better understand the document and the potential impact of the redactions made. This strategy may help to ensure that the accused receives fair treatment and an opportunity to properly prepare their defense. Strategies employed when dealing with Section 187(5) of the Criminal Code of Canada must also consider the type of trial in question. In cases heard by a judge and jury, the prosecution and defense must ensure that the edited documents do not include information that could confuse or mislead the jury. In contrast, in trials heard by a judge alone, the edited documents may include more sensitive information, since the sole decision-maker in such trials is the judge. In conclusion, Section 187(5) of the Criminal Code of Canada is a critical provision that seeks to ensure that all accused persons receive fair trial processes. Strategic considerations are necessary when dealing with documents that must be edited to avoid potential harm to national security, justice, and other public interests. Strategies employed may involve evaluating the type of document involved, timing, engaging legal professionals, and the type of trial. Ultimately, these strategies serve to ensure that all parties involved receive a balanced and fair hearing.