INTRODUCTION AND BRIEF DESCRIPTION
Execution of a production order is suspended for exempted documents until a final decision is made.
487.015(3) The execution of a production order is suspended in respect of any document, data or information referred to in the application for exemption until a final decision is made in respect of the application.
Section 487.015(3) of the Criminal Code of Canada is an important provision that concerns the execution of a production order. A production order is a court order that requires an individual or organization to produce certain documents, data or information that is relevant to an ongoing criminal investigation. This section of the code outlines the circumstances in which the execution of a production order may be suspended. Specifically, this section provides that the execution of a production order is suspended in respect of any document, data, or information referred to in the application for exemption until a final decision is made in respect of the application. Essentially, this means that if an individual or organization applies for an exemption from producing certain documents, data or information, the execution of the production order related to that particular information will be suspended until a final decision is made on the exemption application. This provision is crucial because it helps to protect the privacy and confidentiality of individuals and organizations that may be subject to a production order. If an exemption application is granted, the individual or organization will not be required to produce the requested information, thereby maintaining their privacy. In conclusion, Section 487.015(3) of the Criminal Code of Canada is an important safeguard that helps to protect the privacy and confidentiality of individuals and organizations when they are subjected to a production order. It ensures that the execution of the order is suspended in cases where an exemption application is made, and protects the interests of those who may be subject to such an order.
Section 487.015(3) of the Criminal Code of Canada is a crucial provision that highlights the importance of protecting the privacy rights of individuals and entities in the country. The section's language provides that the execution of a production order must be suspended in relation to any document, data, or information specified in an application for exemption until a final decision is reached regarding the application. This section's significance lies in its ability to offer a layer of protection for individuals and entities whose information has been sought by law enforcement through a production order. The provision ensures that such individuals or entities have an opportunity to seek an exemption from the production order, which, if granted, would prevent the disclosure of their information to law enforcement authorities. The need for this section stems from Canada's commitment to protecting privacy rights, as enshrined in the Canadian Charter of Rights and Freedoms. The Charter recognizes the fundamental rights of individuals to privacy and the protection of their personal information. With the advent of modern technologies and the increased use of electronic devices, digital data, and sensitive information, protecting privacy rights has become even more crucial in the digital age. Production orders are investigative tools used by law enforcement authorities in Canada to obtain relevant information, documents, or data from individuals or entities. The power to issue production orders is granted by the Criminal Code of Canada and is aimed at assisting the police in investigating criminal activity. However, production orders must not infringe on individuals' privacy rights, and this is where the provision in s.487.015(3) comes into play. The provision's impact is that individuals or entities whose information is the subject of a production order can seek an exemption from the order on the grounds that it might infringe on their privacy rights. The application for exemption is a formal process that involves making an application to the relevant court addressed to the presiding judge. The judge will examine the application and make a determination as to whether the information subject of the production order can be exempted, taking into consideration factors such as the privacy rights of the individual or entity, the nature of the investigation, and the necessity for the information sought by the police. If the judge grants the exemption, the execution of the production order is suspended, and the information subject to the exemption is not disclosed to law enforcement authorities. This ensures that individuals' privacy rights are protected, and law enforcement authorities obtain only the necessary information required to investigate criminal activity, without unnecessarily infringing on the privacy rights of individuals or entities. In conclusion, s.487.015(3) of the Criminal Code of Canada is a crucial provision that emphasizes Canada's commitment to protecting privacy rights. The provision offers individuals and entities the opportunity to seek an exemption from a production order, ensuring that their privacy rights are protected, and law enforcement authorities obtain only the necessary information required to investigate criminal activity. This is a crucial safeguard in the digital age, where personal information is increasingly vulnerable to infringement and abuse.
Section 487.015(3) of the Criminal Code of Canada poses strategic considerations for both parties involved in a criminal investigation - the law enforcement agency seeking a production order and the individual or organization subject to the production order. The section allows for the suspension of the execution of a production order pertaining to documents, data, or information until a final decision is made in respect of the application for exemption. In this situation, both parties must evaluate the strengths and weaknesses of their position and devise strategies that will result in a favorable outcome. One possible strategy for the law enforcement agency seeking a production order is to anticipate the likelihood of an application for exemption and to draft the production order accordingly. A well-drafted production order will contain only the information necessary to the investigation and exclude any information that could be deemed privileged or confidential by the party subject to the order. This approach not only circumvents the need for an exemption application but also minimizes the risk of a court granting the application and suspending the execution of the order. Alternatively, the agency may choose to delay the execution of the production order until the application for exemption is resolved. Such an approach ensures that there is no breach of privacy or legal rights and avoids irreparable reputational harm to the individual or organization being investigated. On the other hand, individuals or organizations subject to a production order can devise various strategies to avoid or delay the execution of the order. Application for exemption, as provided for in section 487.015(3), is one such strategy that they may employ. This could be done by challenging the production order on the grounds of privacy breach, relevance, or hearsay. In cases where an application for exemption has been granted, individuals or organizations may still need to comply with the order after a final decision is made. However, in situations where there is a clear breach of legal or privacy rights or a disproportionate intrusion into the affairs of the individual or organization, the party subject to the production order may file a legal claim against the law enforcement agency. This action could not only result in the suspension of the order but also deter future intrusive actions by law enforcement agencies. In conclusion, there are strategic considerations for both law enforcement agencies and individuals or organizations subject to a production order with regards to section 487.015(3) of the Criminal Code of Canada. Careful drafting of the production order by law enforcement agencies and application for exemption by individual or organization subject to the production order are some of the strategies that could be employed. In cases where the order is suspended, both parties must evaluate the strengths and weaknesses of their position and devise further strategies that could result in a favorable outcome in any subsequent legal actions.