INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code of Canada outlines the specific terms and conditions that must be included in a warrant authorizing the use of electronic devices to observe individuals in situations where they have a reasonable expectation of privacy.
SECTION WORDING
487.01(4) A warrant issued under subsection (1) that authorizes a peace officer to observe, by means of a television camera or other similar electronic device, any person who is engaged in activity in circumstances in which the person has a reasonable expectation of privacy shall contain such terms and conditions as the judge considers advisable to ensure that the privacy of the person or of any other person is respected as much as possible.
EXPLANATION
Section 487.01(4) of the Criminal Code of Canada sets out the conditions under which a peace officer may use a television camera or similar electronic device to observe an individual engaged in activity in circumstances where they have a reasonable expectation of privacy. This section is intended to protect the privacy rights of individuals who are under surveillance by law enforcement officials. The section requires that a warrant be issued in order for a peace officer to carry out such surveillance, and that the terms and conditions of the warrant must be designed to ensure that the privacy of the person being observed is respected as much as possible. This includes any other individuals who may be present and subject to observation. The judge issuing the warrant has the discretion to include terms and conditions that they consider necessary to protect the privacy rights of those under surveillance. This could include restrictions on the duration of the surveillance, the locations where it can take place, and the manner in which the information collected can be used. Overall, Section 487.01(4) serves as a safeguard against undue intrusions into the privacy of individuals who are suspected of criminal activity. It enshrines the principle that surveillance must be conducted in a way that balances the need for investigation with the fundamental right to privacy, and ensures that such surveillance is carried out under appropriate legal authority.
COMMENTARY
Section 487.01(4) of the Criminal Code of Canada is an essential provision that is aimed at protecting the privacy of individuals who find themselves under surveillance by law enforcement agencies. Under this provision, a judge may issue a warrant that authorizes a peace officer to use a television camera or any other electronic device to monitor the activities of a person who has a reasonable expectation of privacy. However, the judge must ensure that certain terms and conditions are included in the warrant to minimize any potential violations of privacy. The use of surveillance techniques such as closed-circuit television (CCTV) cameras and other electronic devices has increasingly become popular among law enforcement agencies in their fight against crime. These devices are useful in gathering evidence and in some cases, preventing or detecting crimes. However, their use often raises concerns about violating the privacy of individuals who find themselves under surveillance. Thus, it is imperative that any surveillance activities carried out by law enforcement agencies respect the privacy rights of individuals. Section 487.01(4) recognizes that individuals have a reasonable expectation of privacy when engaged in certain activities, such as in their homes or other private spaces. In such circumstances, the use of surveillance technologies must be safeguarded to prevent any breaches of privacy. The provision, therefore, requires that any warrant issued to allow electronic surveillance must have terms and conditions that protect the privacy of the monitored individual as much as possible. The terms and conditions that a judge may include in the warrant could include limiting the use of the electronic device to specific times of the day or locations, the use of only specific parts of the home or place of work, or the use of filters to block out any irrelevant data or footage. These safeguards are put in place to ensure that only activities that are relevant to the investigation or prosecution of a crime are monitored while any unrelated activities remain private. Section 487.01(4) is significant as it strikes a balance between the need to gather evidence using surveillance technologies and the right to privacy of individuals. This provision ensures that electronic surveillance is not used as a fishing expedition to gather unrelated information or as a tool to harass certain individuals. The inclusion of terms and conditions in the warrant also means that any information obtained is admissible in court since it was collected within the limits of the law. In conclusion, the use of surveillance technologies in law enforcement activities will continue to increase. However, the use of such technologies must not result in the violation of the privacy of individuals. Section 487.01(4) of the Criminal Code of Canada is a vital provision that ensures privacy protection while allowing law enforcement agencies to conduct electronic surveillance within the confines of the law. By including safeguards in any warrant issued for electronic surveillance, the privacy rights of individuals are respected while the goals of law enforcement are achieved.
STRATEGY
Section 487.01(4) of the Criminal Code of Canada is a provision that governs the use of electronic surveillance by law enforcement agencies in Canada. The provision requires that any warrant issued to authorize the use of electronic surveillance must contain terms and conditions to ensure the privacy of the person being observed or any other person is respected. Strategic Considerations: 1. The first and most important strategic consideration when dealing with this section of the Criminal Code of Canada is to ensure that the requirement of obtaining a warrant is strictly followed. Law enforcement agencies must ensure that they have obtained a warrant before using electronic surveillance, and that the warrant contains the necessary terms and conditions to protect the privacy of the individual being observed. 2. Law enforcement agencies must ensure that they have relevant and sufficient evidence before applying for a warrant. The evidence must demonstrate that the use of electronic surveillance is necessary and proportionate to the investigation being conducted. The evidence must also demonstrate that there is a reasonable expectation of privacy on the part of the individual being observed. 3. Law enforcement agencies must ensure that they comply with the terms and conditions of the warrant. Failure to comply with the terms and conditions of the warrant can lead to the exclusion of any evidence obtained through the use of electronic surveillance and can damage the credibility of the investigating agency. 4. Law enforcement agencies must ensure that they are transparent about the use of electronic surveillance. They must provide clear and accurate information to the court when obtaining a warrant, and they must inform the individual being observed of the use of electronic surveillance where possible. 5. Law enforcement agencies must also ensure that they have the necessary resources and technical expertise to conduct electronic surveillance effectively and efficiently. This includes ensuring that the equipment used is of high quality and that the persons involved are trained in the appropriate use of the equipment. Strategies: 1. Conducting a thorough and detailed assessment of the circumstances surrounding the investigation to determine whether electronic surveillance is necessary and proportionate. 2. Creating a robust internal policy or guideline that outlines the procedures and processes that must be followed when applying for a warrant and conducting electronic surveillance. 3. Training law enforcement officers in the appropriate use of electronic surveillance equipment and ensuring that they are aware of the legal and ethical considerations surrounding the use of electronic surveillance. 4. Establishing an internal review process to monitor the use of electronic surveillance and to ensure compliance with the terms and conditions of the warrant. 5. Establishing a mechanism for reporting and addressing any breaches of privacy or other issues related to the use of electronic surveillance. In conclusion, Section 487.01(4) of the Criminal Code of Canada is a provision that governs the use of electronic surveillance by law enforcement agencies in Canada. It is important for law enforcement agencies to follow the strict requirements of the provision, including obtaining a warrant and ensuring that the privacy of the individual being observed is respected. Strategies such as conducting a thorough assessment, creating robust internal policies, and establishing an internal review process can help law enforcement agencies to comply with the provision and use electronic surveillance effectively.