INTRODUCTION AND BRIEF DESCRIPTION
Applications for non-disclosure of information shall be heard in camera and within the National Capital Region on request.
SECTION WORDING
462.48(12) An application under subsection (7) or an appeal brought in respect of that application shall (a) be heard in camera; and (b) on the request of the person objecting to the disclosure of information, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.
EXPLANATION
Section 462.48(12) of the Criminal Code of Canada provides for the confidentiality of certain legal proceedings related to the disclosure of information. Specifically, this section applies to applications made under subsection (7) of the same section, which deals with the release of information related to the assets and financial transactions of individuals or entities involved in criminal activity. The section requires that such applications or appeals be heard in camera, meaning that they are closed to the public and any information presented or discussed in the proceedings will be kept confidential. This is intended to protect sensitive information related to ongoing criminal investigations or prosecutions, as well as to safeguard the privacy and security of individuals involved. In addition, the section stipulates that the proceedings must be held in the National Capital Region as defined by the National Capital Act, if requested by the person objecting to the disclosure of information. This is likely to facilitate the effective and efficient management of the proceedings, as well as to ensure that all parties involved have access to appropriate legal resources and support. Overall, Section 462.48(12) is an important provision in the Criminal Code of Canada that helps to balance the need for transparency and accountability in criminal justice proceedings with the need to protect sensitive information and the rights of individuals involved in those proceedings.
COMMENTARY
Section 462.48(12) of the Criminal Code of Canada is an interesting provision because of its implications for the administration of justice. This provision deals with applications made under subsection (7) of Section 462.48 or appeals that are brought in respect of those applications. Essentially, the provision states that these applications and appeals must be heard in camera and, if requested, must be heard and determined in the National Capital Region. The first aspect of this provision is the requirement that these hearings be conducted in camera. This means that they must be held in private and that the information discussed during the hearing must not be made public. This requirement is intended to protect the confidentiality of sensitive information that may be involved in these types of applications, such as information related to national security or the identities of confidential informants. By holding the hearings in camera, the court can ensure that this information remains confidential and is not disclosed to the public or to unauthorized parties. The second aspect of this provision is the requirement that, upon request, these hearings must be heard and determined in the National Capital Region. This region is defined in the schedule to the National Capital Act and includes Ottawa and the surrounding areas. The rationale for this requirement is not entirely clear, but it may be related to the fact that many federal government agencies are located in the National Capital Region. By holding these hearings in this region, the court can ensure that it has access to all the necessary resources, information, and expertise required to make an informed decision. It is worth noting that the requirement for these hearings to be held in camera and in the National Capital Region only applies if requested by the person objecting to the disclosure of information. This means that if all the parties involved in the hearing agree to hold it in a different location or to make it public, they may be able to do so. However, it is unclear why anyone would want to hold a hearing related to national security or other sensitive information in a public forum, or in a location other than the National Capital Region. In conclusion, Section 462.48(12) of the Criminal Code of Canada is an important provision that ensures the confidentiality and security of sensitive information that may be involved in certain types of hearings. By requiring these hearings to be held in camera and in the National Capital Region, the court can ensure that it has access to all the necessary resources and expertise to make an informed decision. While the rationale for these requirements is not entirely clear, they serve an important purpose in protecting the integrity of the justice system and the safety of Canadians.
STRATEGY
Section 462.48(12) of the Criminal Code of Canada poses several strategic considerations when dealing with the application under subsection (7) or an appeal brought in respect of that application. One key consideration is the need to navigate the complex web of legal and evidentiary requirements inherent in an in-camera hearing. In particular, legal counsel must ensure that all relevant evidence and arguments are presented in a manner that complies with the rules of evidence and the court's procedural requirements. Another strategic consideration involves the potential impact of the in-camera nature of the proceedings on public perception and media scrutiny. Because in-camera hearings are closed to the public, they can be seen as secretive and opaque, which may raise concerns about fairness and accountability. As a result, legal counsel may need to carefully manage expectations and messages surrounding the case to maintain public trust and confidence in the justice system. Strategies that could be employed in navigating the complexities of an in-camera hearing include: 1. Building a strong evidentiary record: Given that in-camera hearings rely heavily on the evidence presented, legal counsel must work to build a robust and persuasive evidentiary record. This could involve conducting thorough investigations, compiling witness testimony, and preparing expert reports and analysis. 2. Developing a clear legal strategy: In-camera hearings are complex and often involve sensitive information, so legal counsel must develop a clear legal strategy that takes into account all relevant legal and evidentiary considerations. This requires a deep understanding of the law and the facts of the case, as well as the ability to anticipate and counter arguments put forward by opposing counsel. 3. Managing expectations and perceptions: In-camera hearings can be viewed with suspicion and mistrust, so legal counsel must be proactive in managing public relations and media scrutiny. This could involve carefully considering messaging and communications strategies, as well as working to build relationships with key stakeholders such as media outlets and advocacy groups. 4. Maintaining confidentiality: Given the sensitive nature of in-camera hearings, legal counsel must take steps to ensure that confidential information is protected and that the parties involved respect the confidentiality requirements. This may require implementing strict access controls, training staff on confidentiality requirements, and closely monitoring who has access to confidential information. In conclusion, navigating section 462.48(12) of the Criminal Code of Canada requires careful planning and execution of legal and practical strategies. Legal counsel must be well-versed in the applicable law and evidentiary requirements, as well as able to manage public relations and maintain confidentiality. By developing a clear strategy and executing it effectively, legal counsel can navigate this complex and challenging process successfully.