INTRODUCTION AND BRIEF DESCRIPTION
Section 487.014(2) deems a person authorized to provide documents, data, or information in specified circumstances for the purposes of section 25.
SECTION WORDING
487.014(2) A person who provides documents, data or information in the circumstances referred to in subsection (1) is deemed to be authorized to do so for the purposes of section 25.
EXPLANATION
Section 487.014(2) of the Criminal Code of Canada is a provision that clarifies the legal status of individuals who provide documents, data, or information to law enforcement officials in the context of an investigation. This provision states that anyone who provides such information in the circumstances outlined in subsection (1) is deemed to be authorized to do so for the purposes of section 25 of the Criminal Code. Section 25 deals with the admissibility of evidence in criminal trials, and specifically sets out the criteria that must be met in order for evidence to be considered admissible in court. In general, evidence must be relevant, reliable, and obtained in a manner that respects the rights of the accused. This provision is designed to ensure that evidence collected during an investigation is admissible in court if it meets these criteria. The circumstances referred to in subsection (1) of section 487.014 refer to situations in which a person is compelled by law to produce documents, data, or information to law enforcement officials, or where they voluntarily provide such information to assist in an investigation. This provision ensures that individuals who provide such information are protected from any legal consequences that may arise as a result of their cooperation with law enforcement. Overall, section 487.014(2) provides clarity and legal protection for individuals who assist in criminal investigations by providing information. It ensures that the information they provide can be used in court if it meets the criteria for admissibility set out in section 25, while also shielding them from any legal repercussions for their cooperation.
COMMENTARY
Section 487.014(2) of the Criminal Code of Canada is an important provision that enables authorized persons to provide documents, data, or information for the purposes of section 25 of the Code. This section deals with the requirements for obtaining a search warrant, and it is important that authorized persons are able to provide relevant information to the investigating officers to ensure that the warrant is executed correctly. The provision is particularly relevant in cases where the documents, data, or information in question may be privileged or confidential. In such cases, the authorized person must ensure that they are complying with any legal or ethical obligations related to the disclosure of such information. Failure to do so may result in serious legal consequences for the authorized person. One example of when this provision may be used is during the investigation of a criminal offence involving a company or other organization. The investigating officers may require documents or information from the company, but the company may claim that the information is privileged or confidential. In such cases, an authorized person may be able to provide the necessary documents or information without breaching any legal or ethical obligations. Another example of when this provision may be used is during the investigation of a computer-related offence. The investigating officers may require access to data stored on a computer or other electronic device, but the owner or user may refuse to provide the necessary access. In such cases, an authorized person may be able to provide the necessary access without violating any legal or ethical obligations. Overall, section 487.014(2) of the Criminal Code of Canada is an important provision that enables authorized persons to provide necessary documents, data, or information during the investigation of criminal offences. It ensures that the investigating officers have access to the information they require to carry out their duties effectively, while also protecting any legal or ethical obligations related to privileged or confidential information.
STRATEGY
Section 487.014(2) of the Criminal Code of Canada provides certain protections to individuals who provide documents, data, or information to law enforcement agencies in specified circumstances. To benefit from these protections, it is important to consider several strategic factors when dealing with this section. One key strategic consideration is whether or not to provide the requested documents, data, or information at all. While Section 487.014(2) provides some protections, it is important to remember that these protections are not absolute. They apply only in limited circumstances, and they do not shield individuals from all possible consequences of cooperating with law enforcement. Therefore, it may be necessary to weigh the potential benefits and risks of cooperation before deciding to provide information. Another strategic consideration is how the information is provided. Section 487.014(2) requires that individuals provide the information voluntarily and in good faith. This means that any attempt to withhold or conceal information could put the individual's legal protections at risk. However, providing too much information could also backfire, potentially leading to unintended consequences. Therefore, it is important to carefully consider how much information to provide and to ensure that it is provided honestly and in good faith. In addition, it is important to consider the context in which the information is being provided. Section 487.014(2) only applies in certain circumstances, such as when there is a potential threat to national security or public safety. Therefore, it is important to ensure that any information provided is relevant and useful to the investigation at hand. This can help to build trust and credibility with law enforcement, while also ensuring that any legal protections under Section 487.014(2) are maximized. Finally, it may be useful to seek legal advice before deciding to provide any information. This can help individuals to fully understand their legal rights and obligations, as well as the potential risks and benefits of cooperation. Legal advice can also help individuals to navigate any complex legal or procedural issues that may arise in the course of providing information to law enforcement. Overall, Section 487.014(2) of the Criminal Code of Canada provides some limited legal protections to individuals who provide information to law enforcement in certain circumstances. However, it is important to carefully consider the potential risks and benefits of cooperation, and to ensure that any information is provided voluntarily, in good faith, and within the legal framework established by Section 487.014(2).