INTRODUCTION AND BRIEF DESCRIPTION
An objection to the disclosure of information or document can be determined by the Chief Justice of the Federal Court.
SECTION WORDING
462.48(7) Where an objection to the disclosure of information or a document is made under subsection (6), the objection may be determined, on application, in accordance with subsection (8), by the Chief Justice of the Federal Court, or by such other judge of that Court as the Chief Justice may designate to hear such applications.
EXPLANATION
Section 462.48(7) of the Criminal Code of Canada outlines the process for determining objections to the disclosure of information or documents in criminal proceedings. If an objection is made to the disclosure of such information, the matter may be brought before the Chief Justice of the Federal Court or another designated judge for determination under subsection (8). This provision is particularly important in criminal proceedings where sensitive information or documents may be at issue. An objection to disclosure may be made on various grounds, such as national security concerns or the protection of confidential sources. By allowing for the determination of objections by a designated judge, the Criminal Code ensures that such matters are considered carefully and fairly, with the appropriate level of expertise and judicial review. Furthermore, this provision speaks to the broader principles of procedural fairness and the protection of individual rights in the criminal justice system. Objections to the disclosure of information help to safeguard the privacy rights of individuals and promote the integrity of the legal process. Overall, Section 462.48(7) balances the interests of justice and national security, while also preserving individual rights and providing transparency and accountability in criminal proceedings.
COMMENTARY
Section 462.48(7) of the Criminal Code of Canada deals with the procedures that must be followed when objections to the disclosure of information or documents are made under subsection (6). This subsection states that any person who possesses a document or information that may be useful for prosecuting a criminal offence or confiscating criminal property shall disclose it to the peace officer who is investigating the matter. However, in certain circumstances, the disclosure of the information or document may not be appropriate. For example, if the release of such information could compromise national security or put a person's life in danger, then disclosure should be avoided. In such a situation, the person in possession of the information may object to its release. When an objection is raised under subsection (6), the objection may be determined by the Chief Justice of the Federal Court or by another judge of that Court as designated by the Chief Justice. This means that the court will have to determine whether the information or document can be disclosed or not. The court will take into account various factors, including the nature of the information, its relevance to the investigation, and any risks associated with its disclosure. The purpose of this provision is to strike a balance between the public interest in prosecuting criminal offences and confiscating criminal property and the need to protect sensitive information from being disclosed. It is important to note that this provision does not exempt anyone from producing relevant information or documents. It only provides a mechanism for objecting to the disclosure of such materials in certain circumstances. In some cases, it may be necessary to redact certain information to ensure that only the relevant portions of a document are disclosed. Redaction is a common practice in legal proceedings, particularly in instances where disclosing confidential information may be detrimental to one party, but not others. This section of the Criminal Code of Canada underscores the importance of balance in judicial proceedings. It allows for the protection of sensitive information, while still permitting the disclosure of relevant information necessary for bringing criminals to justice. This section plays a key role in ensuring that the administration of justice is fair and equitable. By providing a mechanism for objecting to the disclosure of information or documents in certain circumstances, it protects the rights of all parties involved in the legal process.
STRATEGY
Section 462.48(7) of the Criminal Code of Canada provides a mechanism for individuals to object to the disclosure of information or a document related to criminal proceedings. This section ensures that sensitive or confidential information is not disclosed without proper consideration and authorization. While this provision protects the privacy and security of individuals, it also presents various strategic considerations in legal proceedings. One strategic consideration is determining the relevance and significance of the information or document to the case. If the information is critical to the defense or prosecution, then it may be difficult to object to its disclosure. However, if the information is not directly relevant or could harm the individual's reputation or safety, then an objection may be more feasible. Another strategic consideration is the burden of proof. The individual objecting to the disclosure must show that the harm to their privacy or security outweighs the public interest in disclosure. This can be difficult to establish, as the courts will often prioritize the open and transparent administration of justice over individual privacy rights. To overcome this burden, legal professionals may need to employ various strategies. One strategy is crafting persuasive arguments that highlight the potential harm caused by the disclosure of the information. This may involve demonstrating how the release of the information could jeopardize the individual's safety or that of others, compromise the integrity of investigative procedures, or infringe on constitutional rights. Another approach is seeking alternative measures to disclosure, such as redaction, sealing orders, or limited disclosure. These measures can minimize the harm caused by disclosure while still allowing relevant evidence to be admitted. Timing is also a crucial strategic consideration. It may be beneficial to object to disclosure early in the proceedings to avoid having sensitive information disclosed inadvertently. Alternatively, waiting until later in the proceedings could allow for a more detailed assessment of the relevance and harm caused by disclosure. In conclusion, Section 462.48(7) of the Criminal Code of Canada provides individuals with a mechanism to object to the disclosure of sensitive information or documents. However, this section presents various strategic considerations that must be carefully assessed by legal professionals. By identifying the relevance and significance of the information, establishing the burden of proof, and employing persuasive arguments and alternative measures, legal professionals can effectively manage objections to disclosure and protect their clients' privacy and security.