Criminal Code of Canada - section 487.1(2) - Information submitted by telephone

section 487.1(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the requirements for recording and filing information submitted by telephone or other means for the purpose of obtaining a warrant.

SECTION WORDING

487.1(2) An information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, shall be on oath and shall be recorded verbatim by the justice, who shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice as to time, date and contents.

EXPLANATION

Section 487.1(2) of the Criminal Code of Canada establishes the conditions and requirements for submitting an information through telephone or another means of telecommunication that doesn't produce a writing, such as video or audio conferencing. This section imposes an obligation on the justice in charge of receiving the information to ensure that it is provided under oath, meaning that the person submitting it must swear or affirm its truthfulness. Additionally, the justice must record the information verbatim, which means that the exact words spoken must be captured accurately. The purpose of this provision is to ensure that the information provided by telecommunication can be reliably used in court proceedings, particularly when a warrant is being sought or executed. Therefore, the record of the information, or a transcription of it, must be filed with the clerk of the court for the territorial division in which the warrant is intended for execution. This record must be certified by the justice who received the information, indicating the time and date it was recorded, as well as the content included. Complying with section 487.1(2) is essential to protect the right to a fair trial, as it ensures that evidence is verified, documented, and preserved, avoiding any possible misunderstandings or misinterpretations. Additionally, it promotes transparency and accountability, as it requires all parties involved in the criminal process to provide and handle information accurately and responsibly.

COMMENTARY

Section 487.1(2) of the Criminal Code of Canada lays down the rules for information submitted for obtaining a warrant over the phone or other means of telecommunication. This section aims to ensure that such information is genuine, free of errors, and legally valid. It requires that the information must be submitted under oath, and the justice must record it verbatim. The record must be filed with the clerk of the court for the relevant territorial division as soon as possible, and it should be certified by the justice as to time, date, and contents. The purpose of this provision is to facilitate the issuance of warrants for the arrest of individuals who are suspected of a crime. It confers broad powers to authorities to obtain a warrant when they have reasonable grounds to believe that an offense has been committed or is about to be committed. Telecommunication has become an integral part of modern society. It has offered convenience and efficiency in many areas of life, including accessing justice. The provision recognizes the value of telecommunication and seeks to make justice more accessible by allowing authorities to obtain a warrant over the phone or other means of telecommunication. However, it is important to note that the provision is not a panacea for all procedural issues related to obtaining a warrant. The authority to issue warrants over the phone must only be exercised in limited circumstances where there are no other practical means of obtaining a warrant. The provision recognizes that sometimes, it may be necessary to obtain a warrant urgently, and a delay in obtaining a warrant may lead to evidence destruction or the escape of the accused. The requirement that the information be recorded verbatim is crucial. It ensures that the information provided by the informant is reliable and accurate. Without such a requirement, there may be errors, omission, or misinterpretation of facts, which may lead to the issuance of an invalid warrant. Recording the information verbatim also helps in the management of any appeals or reviews of the warrant. It provides a clear and concise record of the information that was used to issue the warrant. The requirement that the record be filed with the clerk of the court also helps in the efficient administration of justice. The clerk of the court is responsible for keeping records of court proceedings and ensuring that records are accessible to authorized persons. Filing the record with the clerk of the court helps to ensure that the record is secure, and it can be retrieved when needed. The provision serves as a safeguard against abuse of power by authorities. Issuance of warrants is a serious matter that can affect the life, liberty, and reputation of the accused. Therefore, there must be strict adherence to procedural rules to ensure that the accused is afforded all legal protections. In conclusion, Section 487.1(2) of the Criminal Code of Canada is essential in ensuring that the process of obtaining a warrant over the phone or other means of telecommunication is legally valid and reliable. It highlights the importance of recording information verbatim, filing records, and ensuring that warrants are issued only where necessary. This provision helps to promote the rule of law and the protection of the rights of the accused, ultimately contributing to the efficient administration of justice.

STRATEGY

Section 487.1(2) of the Criminal Code of Canada requires that information submitted through telephone or other means of telecommunication should be on oath and recorded verbatim by the justice who received it. This section is crucial to ensuring that individuals are not arrested or detained without due process, as it enables the justice to determine the veracity of the information provided before issuing a warrant. However, there are several strategic considerations that need to be taken into account when dealing with this section of the Criminal Code. The first strategic consideration when dealing with this section is to ensure that the information provided is accurate and reliable. This involves establishing the identity and credibility of the informant and verifying the information provided. The justice receiving the information should ask probing questions to determine if there are any inconsistencies or gaps in the information provided. The justice should also consider any conflicts of interest or biases that the informant may have and evaluate the information against other available evidence. The second strategic consideration is the need to ensure that the recording of the information is accurate and complete. The recording should capture the exact words of the informant and any responses or follow-up questions asked by the justice. The recording should be of sufficient quality to enable the justice to review it later if necessary. In addition, the justice should ensure that the recording is securely stored and protected against tampering or loss. The third strategic consideration is the need to file the record or a transcription of it with the court as soon as practicable. This requires ensuring that the record or transcription is complete and accurate and certified by the justice as to time, date, and contents. The certification should indicate that the justice has reviewed the recording and found it to be an accurate representation of the information provided by the informant. The justice should also consider the sensitivity of the information provided and take appropriate measures to ensure that it is handled confidentially. In terms of strategies that can be employed, one approach is to establish clear procedures and protocols for receiving, recording, and filing information submitted through telephone or other means of telecommunication. This can include providing training for justices on how to evaluate information received in this manner and how to conduct effective interviews with informants. It can also include developing standard templates and forms for recording information and for certification by the justice. Another strategy is to use technology to support the recording and filing of information. This can include using secure digital recording devices that capture high-quality audio and video, as well as software tools for transcribing and certifying recordings. It can also include developing secure online platforms for filing and managing information, with appropriate access controls and auditing mechanisms to track who accesses the information and when. In conclusion, Section 487.1(2) of the Criminal Code of Canada is a critical provision that helps ensure that individuals are not arrested or detained without due process. To deal with this section effectively, strategic considerations need to be taken into account, including verifying the accuracy and reliability of information, ensuring accurate and complete recording, and filing the record or a transcription of it with the court as soon as practicable. Strategies that can be employed include establishing clear procedures and protocols, using technology to support recording and filing, and providing appropriate training and education for stakeholders involved in the process.