INTRODUCTION AND BRIEF DESCRIPTION
This section requires information to be produced to a designated officer in a specified time, place and form.
SECTION WORDING
487.013(3) The order shall require the information to be produced within the time, at the place and in the form specified and given (a) to a peace officer named in the order; or (b) to a public officer named in the order, who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament.
EXPLANATION
Section 487.013(3) of the Criminal Code of Canada relates to the production of information for investigation purposes. Under this section, a court can issue an order requiring an individual or organization to produce information relevant to a criminal investigation. The order specifies the time, place, and form in which the information must be produced. The order may be directed to either a peace officer or a public officer appointed or designated to enforce federal or provincial laws. The officer named in the order must be responsible for enforcing the Act of Parliament. He or she has the power to receive the information and use it in the course of the investigation. The section is designed to facilitate the gathering of evidence that may be useful in investigating a criminal offence. The information may be used by the police, prosecutors, and other relevant authorities in building a case against an accused person. The section offers a powerful tool for investigators seeking to obtain information that cannot be obtained voluntarily. However, the powers granted under this section must be exercised with care. The law recognizes that producing information can impact individual rights and freedoms. As a result, courts must balance the interest of the investigation against the rights of the individual or organization affected by the order. The courts must ensure that the order is necessary and proportional to the goals of the investigation. In conclusion, Section 487.013(3) of the Criminal Code of Canada is a critical tool for law enforcement and prosecutors in their efforts to investigate and prosecute criminal offences. However, like all such tools, it must be used judiciously to respect the rights and freedoms of individuals and organizations affected by the order.
COMMENTARY
Section 487.013(3) of the Criminal Code of Canada provides for the requirements and conditions for the production of information and documents by an individual or organization that may be relevant to a criminal investigation. This provision is an important tool for law enforcement agencies to access relevant information in the course of an investigation, particularly when there is reason to believe that an offence has been committed or is about to be committed. The section requires that the order for information production be specific in terms of the time, place and form of production. The order may be given to a peace officer named in the order or to a public officer who has been appointed or designated to administer or enforce a federal or provincial law. The public officer must also have enforcement duties under the law involved in the investigation. This provision allows transparency in the process of information production as it requires that information is produced within a specific time frame, at the designated place and in a specific form. The specific requirements ensure that information is not unduly delayed or obstructed and that it is presented in a manner that can be easily understood and analyzed. This is particularly important in criminal investigations where time is a critical factor and any delay could result in the destruction of evidence or loss of relevant information. The provision also allows for the targeting of specific individuals or organizations that are believed to have information relevant to the investigation. This reduces the likelihood of over-broad and unnecessary information requests, which could be deemed overly invasive and infringe on privacy rights. The provision also serves to protect individuals and organizations from unreasonable information requests by limiting the access of law enforcement agencies to individuals and organizations with specific enforcement duties and roles. This ensures that law enforcement agencies do not overstep their bounds and that information requests are not used as a means of intimidation or harassment. Overall, Section 487.013(3) of the Criminal Code of Canada is an essential provision in the fight against crime. It provides a fair and transparent process for the production of information during a criminal investigation, while ensuring that the privacy rights of individuals and organizations are protected. This provision is an example of the delicate balance between law enforcement and individual rights, which is at the core of Canadian criminal law.
STRATEGY
Section 487.013(3) of the Criminal Code of Canada lays out the requirements for producing information in response to an order. This section requires careful consideration and planning when dealing with it, as failure to comply with the order could have serious legal consequences. Some strategies that can be employed to ensure that the requirements of the section are met are: (i) Gathering relevant information: The first step in complying with an order issued under section 487.013(3) is to gather all relevant information that is required. The order will specify the type and nature of the information required, and this will form the basis of the search and seizure activity. Care must be taken to ensure that all the required information is gathered, and that any potentially relevant information is identified and preserved. (ii) Ensuring compliance with identified protocols: It is important to ensure that all protocols relating to the gathering, storage and dissemination of information are complied with. This may involve developing standard operating procedures for information gathering, ensuring that all necessary documentation is in place, and verifying that relevant procedures are followed throughout the process. (iii) Proper storage and protection of information: Once the information is gathered, it should be properly stored and protected. Protocols for information storage and protection should be established and followed rigorously. This is important not only for legal compliance but also to ensure the confidentiality and integrity of the information gathered. (iv) Clear communication with law enforcement agencies: In complying with section 487.013(3) orders, it is important to maintain clear lines of communication with law enforcement agencies. This may involve identifying the relevant agency, establishing the scope and nature of their involvement, and ensuring that any concerns or questions they may have are addressed. (v) Maintaining transparency and accountability: Finally, it is important to maintain a high degree of transparency and accountability throughout the process of complying with an order issued under section 487.013(3). This may involve making regular reports to relevant stakeholders, establishing feedback mechanisms, and ensuring that all actions taken are fully documented. In conclusion, compliance with section 487.013(3) requires careful planning, attention to detail, and clear communication. Strategies employed should be consistent with relevant legal and regulatory requirements, and should prioritize the protection of the confidentiality and integrity of the information gathered. Ultimately, transparency and accountability should be emphasized throughout the process to ensure that all stakeholders are informed and engaged, and that legal compliance is maintained at all times.