INTRODUCTION AND BRIEF DESCRIPTION
Accused can request access to parts of edited document if necessary for their defence.
SECTION WORDING
187(7) An accused to whom an edited copy of a document has been provided pursuant to subsection (5) may request that the judge before whom the trial is to be held order that any part of the document deleted by the prosecutor be made available to the accused, and the judge shall order that a copy of any part that, in the opinion of the judge, is required in order for the accused to make full answer and defence and for which the provision of a judicial summary would not be sufficient, be made available to the accused.
EXPLANATION
Section 187(7) of the Criminal Code of Canada deals with the disclosure of relevant documents to an accused person during a criminal trial. When the prosecutor provides an edited copy of a document to the accused under section 187(5), the accused may request the judge to order the prosecutor to make any part of the document that was deleted available to them. The judge must then review the requested document and decide whether it is necessary for the accused to have access to this information in order to fully answer and defend themselves against the charges. If the judge determines that the information is necessary and that a judicial summary would not suffice, they will order the prosecutor to make a copy of the requested document available to the accused. The purpose of this provision is to ensure that an accused person has all of the necessary information to build a proper defence. In some cases, the prosecutor may edit a document to protect sensitive information, but this section allows for exceptions when an accused requires access to that information in order to build a defence. Overall, section 187(7) reinforces the principle of fundamental justice which ensures that an accused person is entitled to a fair trial and has access to all the information that is necessary to make a full answer and defence.
COMMENTARY
Section 187(7) of the Criminal Code of Canada deals with the provision of edited copies of documents by the prosecutor to the accused in criminal trials. This section is important as it highlights the principle of fairness and the right of the accused to a full and complete defense. The provision of edited copies of documents is a common practice in criminal trials. It is done to protect the privacy and security of individuals who are not involved in the case or who may be at risk of harm if their information is released. The prosecutor may also edit out irrelevant or legally privileged information that is not relevant to the case. While the edited copies may help to streamline the proceedings and protect the privacy of individuals, they may also limit the ability of the accused to fully understand and contest the evidence against them. Section 187(7) recognizes this potential limitation and provides a mechanism for the accused to request access to any parts of the edited documents that they believe are essential to their defense. The judge is required to consider such requests and order the provision of a copy of any part of the document that, in their opinion, is required for the accused to make a full answer and defense. This ensures that the accused has access to all relevant information and can mount a robust defense against the charges they are facing. The provision of edited documents is not unique to criminal trials. It is a common practice in other areas of law and in government to protect the privacy of individuals and the security of sensitive information. However, criminal trials are unique in that the accused is facing potentially serious consequences, including imprisonment, and has a constitutional right to a fair trial. Section 187(7) ensures that this right is protected and that the accused can mount a robust defense against the charges they are facing. In conclusion, section 187(7) of the Criminal Code of Canada is an important provision that recognizes the right of the accused to a full and complete defense. It provides a mechanism for the accused to request access to any parts of the edited documents that they believe are essential to their defense, ensuring that they have access to all relevant information. This ensures that the principle of fairness is upheld in criminal trials and that the accused can mount a defense against the charges they are facing.
STRATEGY
Section 187(7) of the Criminal Code of Canada is a crucial provision that lays out the right of an accused person to request access to edited documents during trial proceedings. This right ensures that the accused is granted a fair trial, enabling them to make full answer and defence. However, obtaining access to documents under this section requires careful consideration of strategic factors that could affect the soundness and sufficiency of the trial defence. The first strategic consideration when dealing with section 187(7) is the timing of the request for an edited copy of the document. At which point during the proceedings will the request be made? For instance, if the defence makes the request too early in the proceedings, it could tip off the prosecution and alert them to the information that the accused is particularly interested in. If this happens, it could cause the prosecution to craft a more refined case that could potentially catch the defence off guard. Therefore, it is important to strategically time the request so as not to alert the prosecution. Another strategic consideration for dealing with this section is the information that can be requested. The accused should carefully strategize on which information is crucial to their defence and which is not. This is important because the accused can only request access to the parts of the document that are absolutely necessary to make full answer and defence. The accused must also be able to make a compelling argument for the information sought if they are to have any hope of receiving it. Furthermore, the accused must learn how to argue persuasively in court for access to the documents or parts of the documents in question. The defence must show that the information sought is essential to their defence and that it could not be effectively argued without the documents. The defence must also be prepared to fend off objections from the prosecution who will likely try to block the request, citing reasons like national security or public interest. Strategically, one way to deal with this section of the Criminal Code of Canada is to ensure that the defence team is well prepared and has all the necessary information that they need to make a compelling argument. To this end, the defence team must have access to all the evidence available, including physical and documentary evidence. This will enable them to identify gaps and inconsistencies in the prosecution's case, which they could capitalize on. Another strategy that could be employed is to work to weaken the case against the accused in other ways. For instance, the defence could target key prosecution witnesses by highlighting discrepancies in their testimony. This could work to buttress the accused's position and make a stronger case for access to the evidence sought. In conclusion, section 187(7) is a crucial provision under the Criminal Code of Canada that grants the accused access to edited copies of documents for use in their defence. However, obtaining access to these documents requires careful consideration of strategic factors that could affect the soundness and sufficiency of the trial defence. By employing well thought out legal strategies and persuasive arguments, the accused can successfully access the documents they need to make full answer and defence.