INTRODUCTION AND BRIEF DESCRIPTION
This section allows authorized individuals to search and seize data from computer systems at a building or place with a warrant.
SECTION WORDING
487(2.2) Every person who is in possession or control of any building or place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the person carrying out the search (a) to use or cause to be used any computer system at the building or place in order to search any data contained in or available to the computer system for data that the person is authorized by this section to search for; (b) to obtain a hard copy of the data and to seize it; and (c) to use or cause to be used any copying equipment at the place to make copies of the data.
EXPLANATION
Section 487(2.2) of the Criminal Code of Canada describes the powers of law enforcement officers during a search conducted under the authority of a warrant. Specifically, the provision requires any person who possesses or controls a building or place that is subject to a search to provide access to any computer systems and associated data on the premises. Under this provision, the officers conducting the search are authorized to search any data contained in or available to the computer system, to obtain a hard copy of the data, and to seize it. Additionally, the officers are authorized to use copying equipment on the premises to make copies of the data. This provision is designed to enable law enforcement officers to access and collect electronic evidence during a search. Given the prevalence of electronic devices and data in modern society, such evidence can often provide valuable information in criminal investigations. At the same time, however, the provision establishes limits on the powers of law enforcement officers by requiring the presence of a warrant. This ensures that the search is conducted in accordance with the rule of law and protects individuals' privacy rights. Additionally, the provision only permits officers to search for data that they are authorized to search for under the warrant, further limiting their powers and protecting individual rights. Overall, section 487(2.2) provides a framework for the lawful collection of electronic evidence during a search and balances the need for such evidence with the protection of individual rights and privacy.
COMMENTARY
Section 487(2.2) of the Criminal Code of Canada deals with the situation where a search warrant is issued for a building or place. It mandates that any person who is in possession or control of the building or place must permit the person carrying out the search to use any computer system at the location to search for data that is authorized under the warrant. The section also empowers the search party to obtain hard copies of the data and seize it. The purpose of this section is to ensure that law enforcement officers have the tools necessary to access and collect digital evidence during a search. Prior to the enactment of this provision, law enforcement officers had to rely on other statutory provisions such as the general search powers in section 487 and the production order provisions in section 487.012 to access digital data during searches. However, this provision has also been subject to criticism for the extent to which it gives law enforcement personnel access to digital data. The wording of the section allows the search party to search for "data that the person is authorized by this section to search for." The term "authorized" is open to interpretation and can result in the search party accessing data that is not relevant to the search. Furthermore, the provision explicitly allows the search party to obtain a hard copy of the data and seize it. This raises privacy concerns, especially in cases where the data belongs to a third party who is not the subject of the search warrant. Operators of computer systems containing sensitive data may be concerned that their information could be seized and used in ways that were not intended or expected. Another issue with this provision is that it does not provide any time limit on how long the police can hold the data they have seized. This can lead to a prolonged period of uncertainty and anxiety for the data owner. In light of these concerns, the Canadian government introduced Bill C-59, which is aimed at modernizing the Criminal Code provisions related to data collection by law enforcement agencies. If passed, the bill would introduce stricter requirements for the collection of digital data, including the use of production orders, and address privacy concerns. In conclusion, section 487(2.2) of the Criminal Code of Canada empowers law enforcement personnel with tools necessary to access digital data during searches. However, it is important that this power is not abused and that privacy rights of Canadians are protected. The proposed reforms under Bill C-59 provide better safeguards for privacy and are a step in the right direction.
STRATEGY
Section 487(2.2) of the Criminal Code of Canada establishes the authority of law enforcement officials to search any building or place with a warrant, and to access and seize any data contained in or available to any computer system on the premises. This section has significant implications for individuals and organizations, and it is important to consider some strategic options when dealing with this provision. One of the key strategic considerations when dealing with this section is to ensure that any sensitive or confidential data is stored securely and has appropriate protections in place to prevent unauthorized access or seizure. This may involve encrypting data, using secure passwords and authentication measures, and implementing firewalls or other security measures to prevent intrusion or hacking. Another strategic consideration is to ensure that any searches conducted under this section are carried out in accordance with the law and are conducted in a fair and impartial manner. This may involve seeking legal counsel or representation, documenting the search and seizure process, and gathering evidence to support any claims of misconduct or undue interference. In addition, individuals and organizations may wish to consider developing policies and procedures to govern their response to searches carried out under this section. This could include guidelines for interacting with law enforcement officials, protocols for handling sensitive data, and procedures for challenging any search warrants that are deemed to be invalid or unlawful. Some strategies that could be employed to deal with this section of the Criminal Code include: 1. Conducting regular audits of computer systems to ensure that data is stored securely and that appropriate access controls are in place to prevent unauthorized access or seizure. 2. Developing policies and procedures to outline how searches conducted under this section will be handled, and training employees on these protocols. 3. Seeking legal counsel or representation to ensure that any searches are conducted in accordance with the law and that any rights or interests are protected. 4. Documenting the search and seizure process, gathering evidence, and preserving records that may be useful in challenging any search warrants or contesting any claims of misconduct or undue interference. 5. Collaborating with other stakeholders, such as industry associations or advocacy groups, to raise awareness of the potential implications of this section of the Criminal Code and to advocate for reforms or amendments that would better protect individual and organizational rights. Overall, dealing with section 487(2.2) of the Criminal Code of Canada requires careful consideration of the potential implications and risks, as well as the development of strategic responses to ensure that rights and interests are protected. By implementing appropriate strategies and policies, individuals and organizations can minimize the potential impact of this section and ensure that they are prepared to respond in the event of a search or seizure.