INTRODUCTION AND BRIEF DESCRIPTION
The Attorney General can correct clerical errors in orders or authorizations.
SECTION WORDING
487.0911(2) If the Attorney General is of the opinion that the defect is due to a clerical error, the Attorney General shall (a) apply, ex parte, to the judge who made the order or authorization, or to a judge of the same court, to have it corrected; and (b) transmit a copy of the corrected order or authorization, if any, to the Commissioner.
EXPLANATION
Section 487.0911(2) of the Criminal Code of Canada deals with the correction of clerical errors in orders and authorizations issued under various sections of the Code. Clerical errors are not uncommon in legal documents and can occur due to a variety of reasons such as typographical errors, incorrect dates or names, or other mistakes. Under this section, if the Attorney General of Canada believes that a defect in an order or authorization is due to a clerical error, they can apply to the judge who issued the order for correction. This application is made ex parte, meaning that it is made without the presence or participation of the other party or parties involved in the case. The Attorney General can also apply for correction to another judge in the same court. Once the correction is made, the Attorney General must send a copy of the corrected order or authorization to the Commissioner of the RCMP. This section serves an important purpose in ensuring that clerical errors do not hinder the administration of justice. By allowing for quick and efficient correction of such errors, the section ensures that orders and authorizations are accurate and valid and that they accurately reflect the intention of the judge who issued them. Overall, this section demonstrates Canada's commitment to ensuring that the legal system operates fairly and efficiently, and that errors are quickly and effectively corrected.
COMMENTARY
Section 487.0911(2) of the Criminal Code of Canada is a significant provision that outlines how to rectify any clerical errors that may arise in an arrest warrant, search warrant, or production order. The provision establishes a quick and straightforward mechanism to correct any typographical errors or other mistakes that might arise in the informal matters of the court proceedings. The provision empowers the Attorney General to take necessary steps to correct any clerical errors in search warrants or production orders. The Attorney General is the chief law officer of the government of Canada, responsible for advising the government on legal matters and providing guidance and direction on legal policies. The provision empowers the Attorney General to examine the documents for any flaws and to take necessary steps to rectify them. The procedure outlined in the provision is ex parte, meaning that it is done without the knowledge or input of the other party involved. This streamlined process is designed to avoid unnecessary delays or re-litigation of matters that have already been resolved by the court. It ensures that the corrected order is produced quickly, preventing further legal challenges and delays that arise due to clerical errors. The Attorney General is required to apply to the judge who made the order or authorization, or to a judge of the same court, to have it corrected, and then transmit a copy of the corrected order or authorization, if any, to the Commissioner. The Commissioner of the Royal Canadian Mounted Police (RCMP) is the head of the police force in Canada and is responsible for ensuring that the law is enforced and that public safety is protected. This provision is crucial as clerical errors can have significant consequences, leading to wrongful arrests, searches, and seizures that can erode public confidence in the criminal justice system. Section 487.0911(2) provides a much-needed recourse for the correction of such mistakes, ensuring that justice is always served, and due process is followed. In conclusion, Section 487.0911(2) of the Criminal Code of Canada sets out an essential mechanism for rectifying clerical errors in search warrants, arrest warrants, and production orders. The provision establishes a streamlined process for the correction of such errors, ensuring that justice is not delayed, and the due process is followed. This provision is a testament to the Canadian legal system's commitment to ensuring fairness and justice for all.
STRATEGY
Section 487.0911(2) of the Criminal Code of Canada deals with situations where there is a defect or error in a search warrant, production order, or other types of investigative orders obtained by law enforcement agencies. The section allows the Attorney General to apply to a judge to have the defect corrected, provided that the defect is due to a clerical error. There are several strategic considerations that should be taken into account when dealing with this section of the Criminal Code. The first consideration is to determine whether the defect is indeed due to a clerical error. This requires a careful review of the relevant documents and a thorough understanding of the legal requirements for obtaining the order or authorization in question. If the defect is not due to a clerical error, the Attorney General may not be able to rely on this section to have the defect corrected. Another strategic consideration is the timing of the application. The Attorney General should consider whether the defect is critical to the investigation or prosecution, and whether any delay in correcting the defect could jeopardize these goals. If the defect is not critical, the Attorney General may choose to wait until a later stage in the investigation or prosecution before applying to have it corrected. The third consideration is the choice of judge to whom the application should be made. If the defect occurred in a search warrant or production order issued by a particular judge, the Attorney General may choose to apply to that judge to have the defect corrected. However, if the defect is in an order issued by a judge who is no longer available, the Attorney General may need to apply to a judge of the same court. Finally, the Attorney General may wish to consider whether any additional documentation or evidence should be provided to the judge to support the application. For example, the Attorney General may need to provide evidence that the defect is indeed due to a clerical error, such as a statement from the issuing justice or a court reporter. Some strategies that could be employed when dealing with this section of the Criminal Code include: - Conducting a careful review of the relevant documents to determine whether the defect is due to a clerical error. - Assessing the criticality of the defect and the timing of the application. - Choosing the appropriate judge to whom the application should be made. - Providing any additional documentation or evidence to support the application. - Communicating with law enforcement agencies and other stakeholders to ensure that any corrections are made in a timely and efficient manner. In summary, section 487.0911(2) of the Criminal Code of Canada provides a mechanism for correcting defects or errors in investigative orders in certain circumstances. To effectively use this section, strategic considerations should be taken into account, including the timing of the application, the choice of judge, and the provision of supporting evidence.