Criminal Code of Canada - section 487.013(6) - Power to revoke, renew or vary order

section 487.013(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows for a peace or public officer to apply for a revocation, renewal, or variation of an order with the consent of a justice or judge.

SECTION WORDING

487.013(6) The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made by the peace officer or public officer named in the order.

EXPLANATION

Section 487.013(6) of the Criminal Code of Canada allows for peace officers or public officers named in an order to apply for the revocation, renewal or variation of the order. The order referred to in this section is a search warrant or production order, which allows for the seizure of evidence or materials for use in a criminal investigation. The provision for revocation, renewal or variation of the order is important as circumstances surrounding a particular investigation may change. For example, the search warrant may have been issued based on a suspicion that evidence of an offense was located in a particular place. However, if the investigation uncovers new information indicating that the evidence is located elsewhere, the officer may apply to vary or revoke the original order. It is important to note that the application for revocation, renewal or variation of the order must be made on an ex parte basis, meaning that it is made without the presence or input of the person subject to the order. This is to prevent the person from being alerted to the investigation and potentially destroying the evidence before it can be seized. Overall, section 487.013(6) is a valuable tool for law enforcement officers as it allows them to adapt to changing circumstances during a criminal investigation while still upholding the principles of the Criminal Code of Canada.

COMMENTARY

Section 487.013(6) of the Canadian Criminal Code outlines one of the critical processes that law enforcement agencies use to carry out investigations into criminal activities. The provision allows police officers or public officials to make an ex parte application to a justice or judge named in the order for a revocation, renewal or variation of an order. This section is essential as it serves to balance the interests of investigating agencies with the rights of individuals who may be the subject of surveillance. One of the most important aspects of this provision is that it allows for the re-evaluation of an order that was initially granted. Such re-evaluation may be necessary if, for example, the initial order did not provide sufficient authority to carry out investigations in a specific matter. The ability to renew or vary an order enables investigators to continue to gather evidence effectively, and to minimize disruption to an ongoing investigation. It also provides an opportunity for the court to evaluate the necessity and proportionality of the previous order, which is critical in ensuring that an individual's rights are not unnecessarily infringed upon. This provision need not be interpreted to allow for the indefinite extension of orders; rather, it requires a careful balance between the interests of investigators and the rights of individuals. For example, a renewal or variation of the order may be necessary if an investigation has not yet yielded tangible results, but the judge or justice must consider carefully whether this is a reasonable step. The judge or justice must ensure that an order is not renewed or varied unless sufficient grounds exist for doing so. In addition, the provision stipulates that only the peace or public officer named in the order can make an ex parte application for a revocation, renewal, or variation of the order. This measure ensures that the authority to review orders is restricted only to the individuals who are authorized to carry out the investigation. It also serves to minimize abuse of the system by individuals who might seek to obtain confidential information about a case. Overall, Section 487.013(6) of the Criminal Code of Canada is a crucial mechanism for balancing the interests of law enforcement agencies with the rights of individuals. It recognizes the need for effective and efficient investigations into criminal activities while safeguarding against the arbitrary and excessive use of surveillance methods. By ensuring that only authorized personnel can make an application for revocation, renewal or variation of an order, this provision restricts abuses of power and enhances public confidence in the justice system. As such, it is a critical component of the Canadian criminal justice system.

STRATEGY

Section 487.013(6) of the Criminal Code of Canada grants a peace officer or public officer the power to seek an ex parte application to revoke, renew, or vary an order that has been previously issued. This section poses some strategic considerations when dealing with it, and various strategies could be employed depending on the specific circumstances of each case. One of the primary strategic considerations when dealing with this section is the potential for abuse. Ex parte applications are designed to be heard without notifying the other party involved. As such, there is a risk that the peace officer or public officer could use this power to obtain an order without providing adequate evidence or grounds for the request. The person whose rights are being affected may not have the opportunity to respond or provide input into the decision. Therefore, it is crucial to ensure that the requesting officer provides convincing reasons to justify their request to avoid the potential for abuse. Another critical strategic concern is the timing of the application. A peace officer or public officer must apply for the order's renewal or revocation as soon as it is reasonable and practical to do so. Failing to renew or revoke an order can create vulnerability for the person in question. On the other hand, seeking to renew or revoke an order prematurely can result in the court denying the application, and the order remains in place. As such, Officers must ensure that they apply for the renewal or revocation of an order at the right time to minimize any potential hindrance to the investigation. Strategies that could be employed when dealing with this section of the Criminal Code include seeking legal assistance and using detailed evidence to support the ex parte application. Legal assistance can help officers determine an appropriate time to apply for a renewal or revocation of the order while advising on relevant laws, rules, and regulations. One of the most successful strategies is to provide detailed evidence that shows the grounds for the application. The testimonies, affidavits or declarations from experts and other witnesses can improve an application's chances of success. Additionally, it is essential to maintain accurate records when seeking an ex parte application. These records will help to demonstrate the reasonableness and practicality of the application. It is necessary to provide accurate and complete information to support the application. Any inaccuracies could be seized on by the defence and hinder the application's chance of success. In conclusion, section 487.013(6) of the Criminal Code of Canada gives peace officers and public officers the authority to seek an ex parte application to renew, revoke or vary an order. There are potential risks for abuse when dealing with this section, and various strategies can be employed, such as obtaining legal assistance and generating detailed evidence, to ensure that the application is successful. Ultimately, any successful ex parte application should be the product of careful consideration and meticulous attention to detail, based on the evidence gathered.