section 487.1(9)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the requirements for a peace officer to file a written report after executing a warrant issued via telephone or telecommunications.

SECTION WORDING

487.1(9) A peace officer to whom a warrant is issued by telephone or other means of telecommunication shall file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report shall include (a) a statement of the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed; (b) a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held; and (c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the peace officers grounds for believing that those additional things had been obtained by, or used in, the commission of an offence.

EXPLANATION

Section 487.1(9) of the Criminal Code of Canada outlines the legal obligations of a peace officer who has executed a warrant issued by telephone or other means of telecommunication. Peace officers who have received such warrants must file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution within seven days after the warrant has been executed. The written report must contain several critical pieces of information, including the time and date when the warrant was executed, any items seized pursuant to the warrant, and the location where they are being held. Additionally, the report must include any additional items seized that were not mentioned in the warrant and the location where they are being held, as well as a detailed explanation of the peace officer's grounds for believing that those items were obtained by, or used in, the commission of an offense. This provision is essential as it provides a system for ensuring accountability among peace officers who execute search and seizure warrants. By requiring a detailed report outlining the actions taken during the execution of a warrant and the rationale behind those actions, this section ensures that peace officers adhere to the principles of reasonableness, fairness, and transparency in their conduct. It also ensures that any items seized illegally or contrary to the terms of the warrant are brought to the attention of the court and dealt with appropriately, which serves to protect the rights of individuals and maintain the integrity of the justice system.

COMMENTARY

Section 487.1(9) of the Criminal Code of Canada serves as a crucial safeguard in the administration of justice. The provision pertains to the issuance of warrants by telephone or other forms of telecommunication. Such warrants are issued in circumstances where it is not feasible for a justice of the peace to sign the warrant in person due to exigent circumstances or other emergency situations. For instance, if a police officer is in hot pursuit of a suspect who has fled the scene of a crime and is in a different territorial division, the officer may seek a warrant for the suspect's arrest by contacting a justice of the peace over the phone. In such situations, the issuance of the warrant relies on the trust that the justice of the peace has in the credibility of the police officer and the veracity of the information being presented. Therefore, it is crucial that the police officer executing such a warrant adheres to strict reporting requirements to ensure transparency and accountability for their actions. Section 487.1(9) of the Criminal Code of Canada outlines these reporting requirements which mandate that the peace officer responsible for executing the warrant files a written report within a period not exceeding seven days after the warrant has been executed. The report must contain vital information such as the time and date of execution or the reasons why the warrant was not executed if that was the case. The report must also indicate what items were seized pursuant to the warrant and their location of safekeeping. Additionally, if any additional items were seized beyond the ones outlined in the warrant, the report must outline grounds for such a seizure and the location of safekeeping. The reporting requirements outlined in Section 487.1(9) of the Criminal Code of Canada are critical for several reasons. Firstly, it ensures that justice is served efficiently and effectively. By having a written report of the actions taken by the police officer, judges can evaluate the strength of the evidence and make informed decisions in court proceedings. Moreover, these reports provide a mechanism for accountability and transparency in policing, thereby ensuring the rule of law and public trust and confidence in the justice system. Furthermore, the reporting requirements serve as a critical check on police powers and reduce the likelihood of police abuse of power. By mandating that the police officer file a written report outlining their actions, any instance of overreaching or disregard of individual rights can be identified, investigated, and addressed. This reporting requirement ensures that police officers act within their legal authority and with reasonable grounds, thereby preventing any potential compromise to the rights of individuals. In conclusion, Section 487.1(9) of the Criminal Code of Canada is a crucial provision that strengthens our justice system significantly. The transparency and accountability benefits of this reporting requirement are paramount in ensuring the legitimacy of the policing process while safeguarding the rights of individuals.

STRATEGY

Section 487.1(9) of the Criminal Code of Canada sets out the procedural requirements for filing a written report after a warrant has been issued by telephone or other means of telecommunication. The purpose of this section is to ensure that there is accountability and transparency in the execution of warrants, and that the rights of individuals are protected. As such, there are several strategic considerations that should be taken into account when dealing with this section. Firstly, it is important to ensure that the peace officer who is executing the warrant is aware of the procedural requirements under this section. This can be achieved through training and education programs, as well as providing access to resources such as guidelines and checklists. Peace officers must understand the importance of filing a written report and the consequences of failing to do so. Secondly, it is important to have an efficient and effective reporting system in place. The report must be filed with the clerk of the court for the territorial division in which the warrant was intended for execution. This requires coordination and communication between the peace officer, the court clerk, and other relevant parties. Strategies such as electronic filing systems, standardized report templates, and clear communication protocols can help to streamline the reporting process. Thirdly, there are potential legal implications to consider. If the written report is not filed within the required timeframe, there may be consequences for the admissibility of evidence obtained through the warrant. Additionally, if the report is incomplete or inaccurate, this could lead to challenges to the validity of the warrant itself. It is important to ensure that the report is accurate and complete, and that any issues are addressed in a timely manner. Finally, there are broader implications for public confidence in the justice system. Failing to comply with section 487.1(9) could undermine public trust in the police and the justice system as a whole. It is therefore important to prioritize compliance with this section and to communicate this commitment to the public. In terms of strategies that could be employed to ensure compliance with this section, there are several options. These include: - Providing clear guidance and training to peace officers on the requirements of section 487.1(9) - Establishing standardized report templates and protocols to ensure consistency and efficiency - Implementing electronic filing systems to streamline the reporting process - Conducting regular audits to ensure compliance with section 487.1(9) and addressing any issues that arise - Communicating clearly with the public about the importance of compliance with this section and the steps being taken to ensure it is followed. Overall, compliance with section 487.1(9) is an essential component of ensuring public trust and confidence in the justice system. By taking a strategic approach and implementing effective policies and procedures, it is possible to meet the requirements of this section and ensure that the rights of individuals are protected.