INTRODUCTION AND BRIEF DESCRIPTION
The prosecutor must keep the original document and return an edited copy to the packet after the accused receives it.
SECTION WORDING
187(6) After the accused has received an edited copy of a document, the prosecutor shall keep a copy of the original document, and an edited copy of the document and the original document shall be returned to the packet and the packet resealed.
EXPLANATION
Section 187(6) of the Criminal Code of Canada lays down the procedures for dealing with documents in a criminal case. The section states that after the accused has received an edited copy of a document, the prosecutor is required to keep a copy of the original document. Additionally, both the edited copy of the document and the original document should be returned to the packet, and the packet must be resealed. This section ensures that the disclosure of evidence in a criminal case is handled fairly and transparently. The accused has the right to access all the documents that the prosecutor intends to rely upon at trial. However, certain documents, such as those that contain confidential or privileged information, may be subject to redaction or editing, which means that certain parts of the document are blacked out or removed. The edited version is then provided to the accused along with a copy of the original unedited version. The responsibility for keeping the original document lies with the prosecutor, who must ensure that the document is preserved in its original form. This is crucial in case the authenticity or accuracy of the edited version is challenged by the defense. The resealing of the packet after the documents are returned ensures that the integrity of the evidence is maintained and that there is no tampering or contamination of the evidence. In conclusion, Section 187(6) safeguards the due process of a criminal case by ensuring that the prosecutor discloses all relevant evidence to the accused and maintains the integrity of the evidence throughout the trial.
COMMENTARY
Section 187(6) of the Criminal Code of Canada is a crucial provision that governs the handling of evidence in criminal trials. The section requires that after an accused person has received an edited copy of a document, the prosecutor must keep a copy of the original document. The edited copy and the original document are then returned to the packet and resealed. The purpose of this provision is to ensure that the prosecution provides accurate and complete disclosure to the accused while protecting the interests of the prosecution. The requirement to provide disclosure to the accused is a fundamental principle of the Canadian justice system. It is an essential element of the right to a fair trial and the presumption of innocence. Without full disclosure, the accused may not have access to crucial information that could assist them in their defense. In some cases, incomplete or inaccurate disclosure can even result in a wrongful conviction. Section 187(6) ensures that the prosecution provides accurate disclosure by requiring them to keep a copy of the original document. This provision helps to prevent situations where the prosecution provides an edited copy that omits crucial information or distorts the meaning of the document. By retaining the original document, the prosecution must ensure that the edited version is a faithful representation of the original and that it contains all the relevant information. The section also protects the interests of the prosecution by ensuring that they retain control over the original document. This is essential because the original document may contain sensitive information that is not relevant to the case or that may be harmful to third parties. By retaining control over the original document, the prosecution can ensure that such information is not disclosed without a compelling reason. The requirement to reseal the packet containing the documents is also significant because it helps to maintain the chain of custody of the evidence. Chain of custody is the process of documenting the whereabouts of evidence from the time it is obtained until it is presented in court. Maintaining the chain of custody is essential because it ensures that the evidence has not been tampered with or altered in any way. By resealing the packet containing the documents, the prosecution can help to ensure that the chain of custody is preserved, and the integrity of the evidence is maintained. In conclusion, Section 187(6) of the Criminal Code of Canada is a critical provision that governs the handling of evidence in criminal trials. The section ensures that the prosecution provides accurate and complete disclosure to the accused while protecting their interests. While the provision may seem technical, it plays a significant role in ensuring the fairness and integrity of the Canadian justice system.
STRATEGY
Section 187(6) of the Criminal Code of Canada mainly concerns the disclosure of documents to the accused. In the criminal justice system, the prosecutor has a duty to disclose all relevant information and evidence to the accused, to ensure they receive a fair trial. This section stipulates that after the accused has received an edited copy of a document, the prosecutor must keep a copy of the original document, and both the edited and original documents must be returned to the packet, and the packet resealed. There are several strategic considerations that come into play when dealing with section 187(6) of the Criminal Code of Canada. Firstly, it is important to recognize that failure to comply with this section can lead to dire consequences for the prosecutor. Non-compliance can lead to charges of obstruction of justice or a judge dismissing the case against the accused. As such, it is crucial to ensure that all the necessary documents are provided to the accused in accordance with this section. Another strategic consideration is the nature of the documents being provided to the accused. Depending on the case details, documents submitted as evidence may contain sensitive information that should not be disclosed to the accused. In such cases, the prosecutor will have to ensure that the relevant information is redacted before providing the edited copy to the accused. To ensure compliance with this section, several strategies could be employed. One of the most effective strategies is to ensure that the prosecutor's office has a proper record-keeping system in place. The prosecutor's office should maintain records of all the documents submitted as evidence, including the original documents and edited copies. This will help to ensure that the prosecutor has all the necessary documents in their possession and allows them to track the editing process and subsequent disclosure to the accused. Another strategy could involve collaborating with the police to ensure that all relevant documents are obtained and submitted in accordance with Section 187(6). In some cases, the police may have evidence that the prosecutor may not be aware of. As such, collaboration with the police will ensure that all relevant documents are accounted for and provided to the accused. In conclusion, section 187(6) of the Criminal Code of Canada is a crucial aspect of the criminal justice system. Prosecutors must ensure that they comply with this section to avoid legal consequences. Effective record-keeping and collaboration with law enforcement agencies are some strategies that can be employed to ensure compliance with this section.