section 487.015(1)

INTRODUCTION AND BRIEF DESCRIPTION

Persons named in an order and financial institutions may apply for exemption from producing documents or information under specific circumstances.

SECTION WORDING

487.015(1) A person named in an order made under section 487.012 and a financial institution, person or entity named in an order made under section 487.013 may, before the order expires, apply in writing to the judge who issued the order, or a judge of the same territorial division as the judge or justice who issued the order, for an exemption from the requirement to produce any document, data or information referred to in the order.

EXPLANATION

Section 487.015(1) of the Criminal Code of Canada pertains to individuals who have been named in an order made under sections 487.012 and 487.013 of the Code. The former pertains to an order to produce any document, data, or information that may aid in the investigation or prosecution of an offense, while the latter pertains to an order for a financial institution, person, or entity to disclose information concerning a specific account or transaction. According to Section 487.015(1), the individuals or entities named in these orders have the right to apply for an exemption from the requirement to produce any document, data, or information referred to in the order. This exemption may be sought in writing and directed to the judge who issued the order or a judge of the same territorial division as the original judge or justice. In other words, if a person or financial institution feels that providing the information required by the order could endanger their safety or that of others, infringe on their privacy or legal rights, or be detrimental to their interests, they may apply for an exemption. This provision gives them the opportunity to seek judicial relief and argue their case before a judge. Overall, this section is designed to ensure that the production of sensitive or confidential information is balanced with the rights and interests of those who may be affected by it. By allowing individuals and entities to apply for exemptions, the Criminal Code of Canada recognizes the importance of protecting privacy and upholding fundamental rights, even in the context of criminal investigations and prosecutions.

COMMENTARY

Section 487.015(1) of the Criminal Code of Canada is an important provision that outlines the rights of individuals and financial institutions that have been named in an order made under sections 487.012 and 487.013. This provision allows for exemptions to be made that would exempt individuals and institutions from the requirement to produce any documents, data or information referred to in the order. The provision empowers individuals and financial institutions to exercise their rights and to make requests to the judge who issued the order or to a judge in the same territorial division for an exemption. This is an essential right, as it balances the need for law enforcement agencies to acquire information to investigate crimes, while still protecting the rights of individuals and institutions that may be affected by the order. It is important to note that this provision only applies in situations where an order has been made under section 487.012 or 487.013, which relate to the search and seizure of electronic devices and financial records respectively. This is particularly significant in today's digital age, where electronic devices and financial records hold vast amounts of personal and private data. By including this provision in the Criminal Code, the government is acknowledging the value of individual privacy and the importance of protecting electronic and financial records from unwarranted searches. In practical terms, this provision means that individuals and financial institutions can protect their privacy and legal rights by making written requests to the issuing judge for an exemption from the requirement to produce information. For example, an individual who has been named in an order may have good reason to believe that providing the requested information could compromise their safety or security. Similarly, a financial institution may have legitimate concerns about client confidentiality or commercial sensitivity that could be compromised by complying with a request for information. The provision provides a reasonable check on the powers of law enforcement agencies, ensuring that their activities conform to legal standards, and that the rights of individuals and institutions are respected. It also demonstrates the importance of judicial oversight in the administration of justice. By allowing individuals and institutions to make applications for exemptions, the provision ensures that judicial independence is maintained and that the judiciary plays its role in upholding the rule of law. The provision also emphasizes the importance of communication and cooperation between law enforcement agencies and the public. It recognizes that law enforcement agencies cannot function effectively without the cooperation of individuals and institutions. By providing opportunities for individuals and institutions to make written requests for exemptions, the provision encourages a dialogue between these groups and law enforcement agencies, which can lead to more effective and efficient investigations that respect the rights of all parties involved. In conclusion, Section 487.015(1) of the Criminal Code of Canada is a crucial provision that empowers individuals and financial institutions to protect their privacy and legal rights by making written requests to the issuing judge for an exemption from the requirement to produce information. It is essential in ensuring that the powers of law enforcement agencies are balanced with the rights of individuals and institutions, and that the principles of due process and the rule of law are upheld.

STRATEGY

Section 487.015(1) of the Criminal Code of Canada pertains to situations where a person or entity has been ordered to produce certain documents, data, or information but wishes to apply for an exemption from this requirement before the order expires. There may be several strategic considerations to take into account in such situations, particularly depending on the reasons behind the order and the potential consequences of noncompliance. One of the primary strategic considerations when dealing with this section of the Criminal Code of Canada is the need to balance legal obligations with business priorities. In some cases, producing the requested documents, data, or information may be burdensome or time-consuming, and could potentially disrupt regular business activities. However, failure to comply with a court order can result in significant legal consequences, including fines or other penalties. As such, it is important to carefully assess the potential benefits and drawbacks of seeking an exemption, and to consider other strategies for managing any related operational or legal risks. Another factor to consider when dealing with this section of the Criminal Code of Canada is the nature of the information or documents being requested. Depending on the circumstances, the requested materials may be highly sensitive or confidential, and could pose a risk to the individual or entity if they were to be disclosed to unauthorized parties. In such cases, seeking an exemption from the court order may be necessary to protect sensitive information, and could involve strategies such as invoking legal privilege or establishing the confidentiality of the materials in question. It is also important to bear in mind the potential costs and implications of seeking an exemption, particularly in terms of time and resources. Applying for an exemption under Section 487.015(1) requires legal counsel and often involves court appearances, which can be costly and time-consuming. Furthermore, seeking an exemption can create potential delays in responding to the original order, which may not be in the best interests of the individual or entity involved. One potential strategy for dealing with this section of the Criminal Code of Canada is to work collaboratively with the requesting party or legal authority to find a mutually acceptable solution. Depending on the nature of the materials being requested and the reasons for the order, it may be possible to negotiate narrow exemptions or alternative arrangements for providing the information or documents in question. This approach can help to minimize delays and disruptions to business operations, while still complying with legal obligations. Overall, when dealing with Section 487.015(1) of the Criminal Code of Canada, it is important to carefully evaluate the potential costs, benefits, and risks associated with seeking an exemption from a court order. By taking a strategic approach and considering all relevant factors, individuals and entities can navigate this requirement effectively and minimize any potential negative consequences.