INTRODUCTION AND BRIEF DESCRIPTION
Applications under paragraph (3)(c) shall be heard in private under section 488.1(10) of the Criminal Code of Canada.
SECTION WORDING
488.1(10) An application under paragraph (3)(c) shall be heard in private.
EXPLANATION
Section 488.1(10) of the Criminal Code of Canada outlines the rule that an application under paragraph (3)(c) shall be heard in private. This section of the code is important as it relates to the confidentiality rights of individuals who have been charged with or convicted of a criminal offense. Specifically, paragraph (3)(c) relates to an application to obtain an order for the disclosure of certain information or documents related to a criminal proceeding. When an individual makes an application under paragraph (3)(c), they are seeking a court order that requires the disclosure of certain information or documents. This information may be sensitive and confidential, and may reveal details about a person's private life, including medical information, financial records, or personal communications. Alternatively, the information may be related to the prosecution of a criminal offense, and may involve the disclosure of police investigative files or other sensitive information. To protect the privacy of individuals involved in a criminal proceeding, section 488.1(10) mandates that any application under paragraph (3)(c) must be heard in private. This means that the court may not allow members of the public or media to attend the hearing or access the information disclosed in the application. Only those who have a direct interest in the case, such as the accused person or their legal representative, are allowed to attend the hearing. The purpose of this section of the Criminal Code is to uphold the privacy rights of individuals involved in a criminal proceeding. This ensures that sensitive and confidential information is not made available to the public, which could have negative consequences for the individuals involved. At the same time, it allows for the proper administration of justice and the disclosure of relevant information to those who need it.
COMMENTARY
Section 488.1(10) of the Criminal Code of Canada outlines that any application made under paragraph (3)(c) of the same section shall be heard in private. Paragraph (3)(c) deals with the issue of access to records that are held by a government institution, which are considered to be confidential or personal. This provision is designed to protect the privacy of the parties involved in such proceedings and maintains confidentiality around sensitive matters. The Criminal Code of Canada is an important piece of legislation that forms the basis of Canada's criminal law system. It outlines the various offences and penalties for individuals who commit crimes. While the code covers several aspects of criminal law, section 488.1 specifically deals with the procedures for access to records held by government institutions in Canada. Paragraph (3)(c) of section 488.1 of the Criminal Code of Canada provides that a person may apply to a court for access to government records that are considered personal or confidential. In such cases, the court may order that the records be released subject to specific conditions. However, the application must be heard in private as per Section 488.1(10). The privacy of individuals is a fundamental right that must be protected. In cases where sensitive information is involved, it is essential that the parties involved are not exposed to undue publicity or targeted by the media. Any disclosure of personal or confidential information can cause significant harm to individuals, both personally and professionally. Therefore it is essential to protect this information and ensure that the privacy of individuals is protected while also providing access to records that are necessary for court proceedings. The provision of a private hearing under Section 488.1(10) ensures that the parties involved in such proceedings are not exposed to public scrutiny. The proceedings can remain confidential, which can be crucial in cases where there are sensitive issues involved. Without this provision, individuals may be reluctant to access the courts, fearing exposure to the public eye and possible backlash. Moreover, this provision can foster greater trust in the Canadian legal system. By ensuring that privacy is maintained, individuals are more likely to come forward and seek justice. It sends a clear message that the rights of individuals to privacy are upheld and valued, which can impact the confidence of individuals in the legal system. In conclusion, Section 488.1(10) of the Criminal Code of Canada provides for private hearings for applications made under paragraph (3)(c) of the same section. This important provision helps to ensure that individuals are not exposed to undue public attention and safeguards against the disclosure of personal or confidential information. Maintaining privacy is essential in protecting the rights of individuals and instilling public trust in the criminal justice system.
STRATEGY
Section 488.1(10) of the Criminal Code of Canada governs the hearing of an application made under paragraph (3)(c) of the same section - that is, a request for a search warrant or access order. This section dictates that such applications must be heard in private. In this essay, we will explore some strategic considerations when dealing with this section, as well as some strategies that could be employed in order to navigate this requirement. One consideration when dealing with Section 488.1(10) is the need for confidentiality. Since these hearings are private, this gives parties involved the ability to present evidence and arguments with a degree of discretion. This is especially important in cases where the information being presented is sensitive in nature. Parties will need to take careful steps to protect the confidentiality of any information that is presented at these hearings, in order to maintain the privacy of all individuals involved. Another consideration is the need for efficiency. Since these hearings are private, this means that they are not open to the public. As such, parties will want to make sure they use their time in court judiciously. This might mean ensuring that all necessary evidence is presented and that any witnesses who need to be called are available and prepared to testify. It could also mean streamlining arguments and focusing on the most compelling points, in order to make the best possible case for a search warrant or access order. A strategy that parties might employ when dealing with Section 488.1(10) is to plan ahead. Because these hearings are held in private, parties will need to ensure that they have all necessary documentation prepared in advance. This could include any legal briefs, argument documents, or evidence that will be presented. By having everything ready to go ahead of time, parties can minimize the amount of time they need to spend in court and maximize their chances of success. Another strategy that parties might use is to coordinate with each other. Because the hearing will be held in private, parties will not necessarily have access to the same level of information as they would in a public hearing. By working together and sharing information, parties can ensure that they are best equipped to make their case for a search warrant or access order. Overall, Section 488.1(10) of the Criminal Code of Canada presents both challenges and opportunities for parties who are seeking a search warrant or access order. By thinking carefully about the need for confidentiality, efficiency, and planning ahead, parties can navigate this section effectively and make the best possible case for their desired outcome.