Criminal Code of Canada - section 487.3(3) - Procedure

section 487.3(3)

INTRODUCTION AND BRIEF DESCRIPTION

This section outlines the process for keeping documents related to an application for an order sealed and protected by the court.

SECTION WORDING

487.3(3)Where an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the justice or judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the justice or judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the justice or judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4).

EXPLANATION

Section 487.3(3) of the Criminal Code of Canada pertains to the handling of documents in an application for a prohibition order. A prohibition order is an order that can be granted by a justice or a judge, which prohibits certain individuals or entities from performing certain activities related to an offence. For instance, a person who is found to have committed an offence related to distribution of drugs may be prohibited from possessing or carrying drugs, or entering into automatic teller machine (ATM) vestibules. When an application for a prohibition order is made and granted, all documents related to the application must be placed in a packet and sealed by the justice or judge immediately after the determination of the application. This packet contains all the information related to the application, including details on the individuals or entities subject to the order, the activities that they are prohibited from performing, and any conditions or limitations on the order. In addition to this, the section specifies that the documents must be kept in the custody of the court in a place where the public has no access. This ensures that the sensitive information contained in the packet is not accessible to unauthorized individuals. Furthermore, any access to or handling of the documents must be done in accordance with the terms and conditions specified in the order, or as varied under subsection (4). Overall, this section outlines the protocol for the handling of documents related to a prohibition order to ensure that the sensitive information contained within is protected and accessed only in accordance with the order.

COMMENTARY

Section 487.3(3) of the Criminal Code of Canada is an important provision that concerns the protection of sensitive information that is presented in court during an application for a search or seizure order. The provision sets out the procedure to be followed once such an order is granted by a justice or judge, and it emphasizes the need for strict confidentiality and security of the documents related to the order. Under subsection (1) of this section, a justice or judge may issue an order authorizing a peace officer to conduct a search or seizure of property or information that is believed to be evidence of a criminal offence. This is an important tool for law enforcement agencies to gather evidence that can be used in the investigation or prosecution of crimes. However, the information presented in support of such an application may contain sensitive or confidential information that should not be publicly disclosed. To address this concern, subsection (3) of section 487.3 requires that all documents related to the application, including the order itself, be placed in a packet and sealed by the justice or judge immediately after the application is determined. The sealed packet must be kept in the custody of the court and placed in a location where the public has no access. The provision further allows the justice or judge to impose any terms and conditions that they consider desirable in the circumstances to ensure the security and confidentiality of the sealed packet. One of the terms or conditions that a justice or judge may impose under this provision is concerning the duration of the prohibition on the disclosure of the information contained in the packet. This is essential to ensure that the sensitive information is not unnecessarily disclosed to the public, especially when the matter concerns ongoing investigations or pending court proceedings. Additionally, the provision allows partial disclosure of the documents and deletion of any information that the justice or judge deems to be irrelevant or not necessary to achieve the objectives of the order. Furthermore, the provision recognizes that the terms and conditions specified in the order may need to be varied under subsection (4) to address any unforeseen circumstances that may arise, or to account for new information that becomes available. This provides the flexibility to modify the terms and conditions of the order as required while still maintaining the security and confidentiality of the sealed packet. In conclusion, section 487.3(3) of the Criminal Code of Canada is a crucial provision that ensures the protection of sensitive information presented in court during an application for a search or seizure order. It establishes a clear procedure for the handling and storage of such information, and it allows for necessary terms and conditions to be imposed to protect the confidentiality and security of the information. Moreover, the provision recognizes the need for flexibility to vary the terms of the order as required, while still safeguarding the sensitive information contained in the sealed packet.

STRATEGY

Section 487.3(3) of the Criminal Code of Canada permits judges to issue orders in relation to the storage, access, and control of documents relating to a particular application in a criminal case. The implementation of any order under this section requires careful consideration of the strategic implications for all parties involved. One strategic consideration when dealing with this section is the need for effective disclosure management. Any order made under section 487.3(3) is subject to terms and conditions that the judge or justice considers desirable in the context of the case at hand. These terms may include restrictions on partial disclosure, the deletion of compromising information, or the imposition of specific conditions on access to the documents. Parties involved may use these provisions to limit or control the extent to which evidence or other information is disclosed to the opposing side, thus mitigating the risk of negative repercussions. Another strategic consideration is the importance of timing. Since this section of the Criminal Code relates to the handling of documents relating to an ongoing criminal case, any order made in relation to this section must be timed in such a way that it does not interfere with any ongoing investigation or court proceedings. This consideration is particularly critical when dealing with orders that impose restrictions on the timing and manner of disclosure - these orders must be issued and implemented at a time when they will not disrupt the flow of information or evidence in the case. Finally, strategizing to secure an order under section 487.3(3) requires a thorough understanding of the legal standards that apply to the case in hand. The judge or justice will only grant an order if they are satisfied that the terms and conditions specified are desirable in the circumstances - and this requires a persuasive argument, based on the specific facts and legal concepts involved. Parties involved should carefully analyze the legal grounds for the order before making any applications under this section. They may need to rely on skilled legal representation or advocates to obtain the desired outcome. In conclusion, section 487.3(3) of the Criminal Code of Canada provides a powerful tool for managing disclosure and safeguarding sensitive information in criminal cases. However, effective and strategic use of this section requires careful consideration of the relevant legal principles, timing considerations, and the potential strategic implications of any order made. By navigating these issues effectively, parties involved may be able to secure significant advantages in the course of a criminal trial or investigation.