section 487.012(6)

INTRODUCTION AND BRIEF DESCRIPTION

Sections 489.1 and 490 apply to documents or data produced under section 487.012(6) of the Criminal Code of Canada.

SECTION WORDING

487.012(6) Sections 489.1 and 490 apply, with any modifications that the circumstances require, in respect of documents or data produced under this section.

EXPLANATION

Section 487.012(6) of the Criminal Code of Canada is a provision that outlines the application of Sections 489.1 and 490 in relation to documents or data produced under this section. In essence, this provision serves to clarify how documents or data that are obtained through search or seizure under Section 487.012 should be handled. Section 489.1 of the Criminal Code pertains to the retention and disposal of seized property, while Section 490 deals with the release of property seized under the Criminal Code. In accordance with Section 487.012(6), these provisions would apply to documents or data that are produced under Section 487.012, but with any necessary modifications to account for the circumstances of the case. The purpose of this provision is to ensure that the handling of documents or data obtained through search or seizure is consistent and in line with other provisions of the Criminal Code that deal with seized property. This helps to prevent confusion and ensure that the rights of those who may be impacted by the search or seizure are protected. Overall, Section 487.012(6) is an important provision that helps to ensure that the handling of documents or data obtained through search or seizure is conducted in a fair and consistent manner. By referencing other relevant provisions of the Criminal Code and allowing for modifications to account for the specific circumstances of the case, this provision helps to ensure that justice is served and that the rights of all parties involved are upheld.

COMMENTARY

Section 487.012(6) of the Criminal Code of Canada plays a crucial role in administering justice by ensuring that sections 489.1 and 490 apply to documents and data produced under this section, with any modifications that the circumstances may require. This section imposes certain obligations on the party producing the documents or data, as well as on the recipient parties, to ensure the protection of privacy and confidentiality of the information produced. Sections 489.1 and 490 of the Criminal Code of Canada empower law enforcement agencies with the authority to obtain judicially authorized search warrants and production orders for the disclosure of documents and data. Section 487.012(6) ensures that these orders are executed in conformity with the Constitution of Canada, the Canadian Charter of Rights and Freedoms, and other Canadian laws. It further ensures that the procedures and guidelines laid down under sections 489.1 and 490 are duly followed. This section's importance lies in the modification that it allows in circumstances that require a different approach to document and data production. For instance, if the information produced under this section may be of a sensitive nature, extra caution may need to be taken to ensure privacy and confidentiality. In such cases, the provisions of sections 489.1 and 490 may require modification to cater to the circumstances. The amendments to the Criminal Code of Canada include the addition of new subsections aimed at protecting privacy and confidentiality. These amendments reflect the need for greater control over personal information in the wake of technological advances that have made it easier to access data. Section 487.012(6) is an integral part of these amendments, as it helps to ensure that the sensitive information is protected, and the legal process follows the required guidelines. Furthermore, this section ensures that the legal process remains transparent while balancing privacy and confidentiality concerns. It ensures that parties that produce the documents or data have an adequate opportunity to review the information in question and potentially make a case for withholding certain details. It also imposes strict guidelines on the recipience parties to ensure that disclosure is done only on a need-to-know basis and that the information is used only for the purposes specified in the order or warrant. In conclusion, section 487.012(6) is an essential provision in the Criminal Code of Canada that protects privacy and confidentiality rights while still balancing the need for law enforcement agencies to access information. Its provisions help prevent abuse of the legal process by ensuring that production orders and search warrants are executed in conformity to the Constitution of Canada and Charter of Rights and Freedoms. By stipulating that modifications to sections 489.1 and 490 can be made in certain circumstances, this section reflects the need for flexibility to ensure that privacy and confidentiality concerns are adequately addressed while still allowing for appropriate law enforcement action.

STRATEGY

Section 487.012(6) of the Criminal Code of Canada has significant implications for law enforcement officers and legal professionals. This section allows these professionals to access documents and data that may aid in an investigation, but also requires careful consideration to ensure these investigations do not infringe on individuals' rights to privacy. In this essay, we will discuss some strategic considerations when dealing with this section of the Criminal Code of Canada and potential strategies that could be used. Strategic Considerations The first strategic consideration when dealing with section 487.012(6) is to ensure that the data being collected is relevant to the investigation. It is essential to articulate in clear and precise language what is being sought and for what purpose. This helps to avoid overbroad requests or requests that may appear to be based on discrimination based on protected characteristics, such as race or ethnicity. The second strategic consideration is to ensure that individuals' rights to privacy are not infringed upon. This means that individuals who are potentially affected by the investigation should be notified as soon as possible, so they can request counsel and explore their legal options. It is important to remember that even though section 487.012(6) grants access to documents and data, this does not mean that privacy rights are suspended. The third strategic consideration is to ensure that the data is obtained in a manner that does not compromise its integrity. Data should be collected in accordance with established protocols, to minimize the potential for data contamination. When data is being collected from electronic sources, forensic analysis may be necessary to compile reliable evidence that can be used in court. Potential Strategies One strategy that could be employed when dealing with section 487.012(6) is to use technology to streamline the data collection process. For example, digital discovery platforms can speed up the process of collecting, reviewing and producing digital evidence. The use of technology can also improve the integrity of data collection by ensuring that the chain of custody is maintained. Another potential strategy is to use expert consultants during the data collection process. Expert consultants can advise a law enforcement officer or legal professional on the most efficient and effective methods for data collection, including how to maintain the integrity of the data being collected. Finally, it may be beneficial to review and update internal procedures to ensure that they are up-to-date and fit for purpose. This can help ensure that investigations proceed on solid ground and that potential legal challenges are avoided. Procedures that include a list of approved search terms, the creation of a data inventory, and the use of a document management system can help streamline the collection process and avoid legal challenges in the future. Conclusion Section 487.012(6) of the Criminal Code of Canada presents law enforcement officers and legal professionals with an excellent opportunity to collect source documents and data that could assist their investigations. However, as we have discussed, careful strategic consideration and implementation is necessary to ensure privacy rights are not infringed upon, the integrity of the collected data is maintained, and legal challenges are avoided. With the right strategies in place, section 487.012(6) can be an effective tool for many law enforcement officers and legal professionals.