INTRODUCTION AND BRIEF DESCRIPTION
Individuals must give notice to law enforcement within 30 days if they plan to make an application under subsection (1) of section 487.015.
SECTION WORDING
487.015(2) A person, financial institution or entity may only make an application under subsection (1) if they give notice of their intention to do so to the peace officer or public officer named in the order, within 30 days after it is made.
EXPLANATION
Section 487.015(2) of the Criminal Code of Canada sets a timeframe for a person, financial institution, or entity to make an application to the court seeking relief from an order made under section 487.013 or 487.014. The order referred to in this section is a production order or search warrant that authorizes a peace officer or public officer, upon reasonable grounds, to obtain data or information relating to a specific offense. Under subsection (1) of section 487.015, a person, financial institution, or entity can apply to a court for relief if they believe that the order made against them is unreasonable, unnecessary, or violates their Charter rights. However, subsection (2) stipulates that the application must be made within 30 days after the order is made and that the applicant must notify the peace officer or public officer named in the order of their intention to seek relief. The purpose of this notification requirement is to ensure that the police officers involved in the investigation are aware of the intended application for relief from the order. This gives them an opportunity to make arguments in response to the application or potentially narrow the scope of the order so that it complies with the applicant's Charter rights. In practical terms, this requirement means that an applicant has a limited amount of time to decide whether to seek relief from an order and that the application process should be initiated promptly following the order's issuance. In conclusion, Section 487.015(2) of the Criminal Code is an essential provision that ensures transparency and fairness in the application process for relief from production orders and search warrants. The requirement to notify the peace officer or public officer named in the order within 30 days of its issuance allows both parties to prepare their arguments and address any issues arising from the order.
COMMENTARY
Section 487.015(2) of the Criminal Code of Canada establishes the requirement of notice to be given to a peace officer or public officer named in an order under subsection (1) of the same section. This subsection sets out the procedure for a person, financial institution or entity to request access to financial records that may be relevant to an investigation or prosecution of a criminal offence. Interestingly, subsection (2) emphasizes the importance of notice, wherein a party must provide notice of their intention to make an application within 30 days after the order is made. The requirement for notice under subsection (2) is a procedural safeguard that aims to prevent abuse of process and ensure fairness in the investigative process. This notice requirement informs the peace officer or public officer named in the order of the potential application for access to financial records. The purpose of this notice is to provide interested parties an opportunity to review and potentially challenge the court order that allows for access to their financial records. Similarly, the notice requirement supports the notions of transparency and accountability in the investigative process. Notably, the notice requirement in subsection (2) is not just limited to persons but also extends to financial institutions and entities. This expansion of the notice requirement recognizes the importance of financial institutions and other entities in the overall investigative process. These entities may hold important financial records that may be crucial to the investigation, and hence, it is essential that they are given an opportunity to review and challenge the order. Section 487.015(2) establishes the time limit of 30 days within which the notice must be provided. This time limit is crucial in ensuring that the investigative process is not unduly prolonged. Failure to provide notice within the time limit may result in the application being denied. The time limit also emphasizes the need for parties to act quickly in notifying the relevant peace officer or public officer so that they can prepare for any potential application for access to financial records. The notice requirement in subsection (2) also highlights the importance of communication and cooperation between law enforcement and other stakeholders in the investigative process. This requirement promotes trust and respect by allowing relevant parties to be informed of the particulars of a case and provide their input on the matter. This communication and cooperation are fundamental to the overall effectiveness of the investigative process and fosters a positive relationship between law enforcement and other stakeholders. In conclusion, Section 487.015(2) of the Criminal Code of Canada establishes the requirement of notice to be given to the peace officer or public officer named in an order made under subsection (1). This notice requirement is essential for ensuring transparency, accountability, and fairness in the investigative process. The time limit of 30 days emphasizes the need for parties to act quickly. Further, the extension of the notice requirement to financial institutions and entities recognizes their importance in the overall investigative process. This provision serves to promote communication and cooperation between law enforcement and other stakeholders, which is crucial for the effectiveness of the investigative process.
STRATEGY
Section 487.015(2) of the Criminal Code of Canada lays down a requirement that must be complied with before a person, financial institution or entity may make an application under subsection (1) of the same section. The requirement is that they must give notice of their intention to do so to the peace officer or public officer named in the order, within 30 days after it is made. Failure to comply with this requirement may result in the application being dismissed. Thus, some strategic considerations when dealing with this section of the Criminal Code of Canada are as follows: 1. Timeliness: The requirement to give notice of intention to make an application within 30 days of the order being made is crucial. Failure to comply may lead to the application being dismissed. Therefore, it is important to ensure that this requirement is met within the specified time frame. 2. Sufficient information: The notice of intention to make an application should contain all relevant information regarding the order. This includes the name of the peace officer or public officer named in the order, the date the order was made, and the nature of the information that is being sought. Providing the relevant information ensures that the application process is efficient and effective. 3. Legal representation: It is advisable to seek legal representation when making an application under this section of the Criminal Code of Canada. This ensures that the application is made properly and the necessary procedures are followed. Legal representation can also provide legal advice and assist in responding to any potential legal challenges. 4. Notification to other parties: It is also important to notify other parties that may be affected by the application. This ensures that all parties are aware of the application and can respond accordingly. Failure to notify other parties may lead to legal challenges and a delay in the application process. Some strategies that could be employed to deal with this section of the Criminal Code of Canada include: 1. Developing a clear process for making an application under this section. The process should outline the requirements and steps involved in making an application. This ensures that all parties involved are aware of their responsibilities and can comply with them. 2. Developing a template notice of intention to make an application. This ensures that all necessary information is included and reduces the risk of errors or omissions. It also ensures that the notice is consistent in its format and appearance. 3. Providing training or guidance to relevant parties on how to comply with this section of the Criminal Code of Canada. This ensures that all parties are aware of their responsibilities and understand how to comply with them. It also reduces the risk of errors or omissions. In conclusion, complying with section 487.015(2) of the Criminal Code of Canada is crucial when making an application under subsection (1). Strategic considerations when dealing with this section include timeliness, providing sufficient information, legal representation, and notification to other parties. Strategies that could be employed include developing a clear process, a template notice of intention, and providing training or guidance to relevant parties. These strategies ensure that the application process is efficient, effective, and legally compliant.