INTRODUCTION AND BRIEF DESCRIPTION
The section specifies the punishment for those who violate subsection (1) or (2) on summary conviction.
SECTION WORDING
487.08(3) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 487.08(3) of the Criminal Code of Canada serves as a warning to individuals who may be tempted to engage in activities that undermines the privacy rights of other individuals. The section specifically targets the unreasonable use of surveillance devices such as hidden cameras or recording devices in areas where a reasonable expectation of privacy exists. According to the section, anyone who contravenes subsection (1) or (2) which generally deals with the reasonable use of surveillance devices, is guilty of an offense and can be punished on summary conviction. A summary conviction is a less serious offense compared to an indictable offense, and it is heard in a provincial court. For instance, if an individual installs a hidden camera in a private bathroom or bedroom and records the activities of the occupants without their consent, such an act would be considered unreasonable, invasive, and illegal. If caught, the offender would be charged with an offense under section 487.08(3), and can be punished summarily. This provision of the Criminal Code ensures that individuals' privacy is protected, and people who engage in activities that violate privacy rights are held accountable for their actions. It also serves as a deterrent to individuals who may be tempted to violate other people's privacy rights with surveillance devices. In conclusion, section 487.08(3) of the Criminal Code of Canada protects individuals' privacy rights and serves to punish individuals who engage in activities that undermine those rights. It is a crucial provision that reinforces the importance of privacy protection in Canadian law.
COMMENTARY
Section 487.08(3) of the Criminal Code of Canada is an important provision that criminalizes the contravention of subsections (1) and (2) of the same section, which relate to the mandatory production orders and search warrants in criminal investigations. Under this provision, any person who fails to comply with these legal instruments is guilty of an offence punishable on summary conviction. The purpose of this provision is to ensure that law enforcement agencies have the necessary tools to investigate and prevent crimes, while safeguarding the rights of individuals. Mandatory production orders and search warrants are legal instruments that allow the authorities to obtain information and evidence that may be crucial to the investigation and prosecution of crimes. They are issued by a judicial authority, such as a judge or a justice of the peace, and impose a legal obligation on the person or entity to produce the information or allow the search. However, these legal instruments can also infringe on the privacy and property rights of individuals and businesses. Therefore, the law sets out strict requirements and safeguards for their issuance and execution. For example, the authorities must have reasonable grounds to believe that the information or evidence sought is relevant to an investigation, and they must limit the scope of the order or warrant to what is necessary and proportionate. Nonetheless, some individuals or entities may refuse to comply with these legal instruments, either out of fear, ignorance, or a desire to conceal incriminating information. Such non-compliance can seriously impede the progress of the investigation, frustrate the efforts of the authorities, and potentially harm innocent persons. Therefore, it is important to deter and punish such behaviour. Section 487.08(3) achieves this objective by making non-compliance with mandatory production orders and search warrants a criminal offence. This means that any person who fails to comply with these legal instruments can be charged, prosecuted, and convicted of an offence, even if they do not have other criminal intentions or actions. The offence is punishable on summary conviction, which means it carries a maximum penalty of six months' imprisonment, a fine, or both. This penalty may seem lenient, compared to other criminal offences that carry much higher penalties, such as murder, robbery, or drug trafficking. However, it reflects the nature and severity of the offence, which is essentially a contempt of court or a refusal to obey a lawful order. It also takes into account the fact that some individuals or entities may genuinely believe that they have legitimate reasons or exemptions for not complying with the order or warrant, such as privilege, protection, or self-incrimination. In such cases, the court may consider these defences and exercise discretion in determining the appropriate penalty. Nonetheless, section 487.08(3) serves as a powerful deterrent against non-compliance with mandatory production orders and search warrants, as it sends a clear message that the law must be respected and obeyed. It also ensures that the authorities can carry out their mandate to combat crime and protect society, while upholding the rule of law and human rights. Therefore, it is important to raise awareness and understanding of this provision among the public, legal professionals, and law enforcement agencies, so that everyone can work together to ensure its effective implementation and enforcement.
STRATEGY
Section 487.08(3) of the Criminal Code of Canada deals with the offence of failing to comply with an order made under section 487.01 or 487.05 of the Criminal Code of Canada. This offence is punishable on summary conviction, meaning that it carries a maximum penalty of six months in jail and/or a $5,000 fine. When dealing with this section of the Criminal Code, there are several strategic considerations that should be taken into account. 1. Compliance with Court Orders The most important strategic consideration when dealing with section 487.08(3) is compliance with court orders. This offence is committed when a person fails to comply with an order made under section 487.01 or 487.05 of the Criminal Code. These orders are usually made in the context of a criminal investigation or prosecution, and they may require a person to provide information, produce documents, or allow the police to search their property. Failure to comply with these orders can have serious consequences, including criminal charges and potential imprisonment. It is important to take court orders seriously and to comply with them fully and promptly. 2. Defence Strategies If a person is charged with an offence under section 487.08(3), there are several defence strategies that could be employed. One possible defence is that the person did not intentionally or wilfully fail to comply with the court order. For example, they may have misunderstood the order or may have been unable to comply due to circumstances beyond their control. Another possible strategy is to challenge the validity of the court order itself, arguing that it was not properly issued or that it was not within the court's jurisdiction to issue it. 3. Negotiation and Settlement In some cases, it may be possible to negotiate a settlement or plea agreement with the Crown prosecutor. This may involve admitting to the offence in exchange for a reduced penalty, or agreeing to comply with the court order in exchange for the charges being dropped. Negotiation and settlement can be an effective strategy in cases where the evidence against the accused is strong and the potential penalties are severe. 4. Timely Legal Advice Finally, it is important to seek timely legal advice if you are charged with an offence under section 487.08(3). A criminal defence lawyer can help you understand the charges against you, explain your options, and develop an effective defence strategy. It is always advisable to seek legal advice as soon as possible after being charged with a criminal offence. In conclusion, section 487.08(3) of the Criminal Code of Canada is a serious offence that carries the potential for imprisonment and substantial fines. When dealing with this section of the Criminal Code, it is important to take court orders seriously, to comply with them fully and promptly, and to seek timely legal advice if you are charged with an offence. Defence strategies, negotiation and settlement, and timely legal advice can all play important roles in effectively dealing with this section of the Criminal Code.