Criminal Code of Canada - section 490.03(2) - Disclosure in connection with proceedings

section 490.03(2)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows disclosure of registered information in the database to a prosecutor or Attorney General upon request if the individual has disclosed the existence of such information in a proceeding or appeal.

SECTION WORDING

490.03(2) The Commissioner or that person shall, on request, disclose to the prosecutor or Attorney General the information that is registered in the database relating to a person if the person discloses, in connection with a proceeding or appeal other than one referred to in subsection (1), the fact that information relating to them is registered in the database.

EXPLANATION

Section 490.03(2) of the Criminal Code of Canada outlines the circumstances when the Commissioner or a designated person is required to disclose information to the prosecutor or Attorney General. This section states that if a person discloses that information relating to them is registered in the database in connection with a proceeding or appeal other than one referred to in subsection (1), the Commissioner or designated person must disclose the information requested. This section aims to promote transparency and facilitate access to information relevant to criminal proceedings. The disclosure of this information can aid the prosecutor or Attorney General in forming a case against the accused person. By allowing access to this information, the criminal justice system can operate more effectively, efficiently, and transparently. However, it is important to note that this section also highlights the need for protection of private information. The Commissioner or designated person is required to only disclose information registered in the database, and only upon request by the prosecutor or Attorney General. Therefore, this section aims to strike a balance between transparency and privacy in the criminal justice system. Overall, Section 490.03(2) of the Criminal Code of Canada serves a crucial role in promoting effective and efficient criminal proceedings while also safeguarding individuals' privacy rights.

COMMENTARY

Section 490.03(2) of the Criminal Code of Canada is an important provision that allows for the disclosure of sensitive information about an individual if it relates to a proceeding or appeal. The provision allows for the Commissioner of the RCMP or an authorized person to disclose information that is registered in the database relating to a person if they disclose, in connection with a proceeding or appeal, that information relating to them is registered in the database. The provision is relevant to the protection of society because it ensures that individuals who have been found guilty of certain offences are handled as per Canadian legal system. The main objective of keeping track of information in the database is to make it easier to administer the criminal justice system, especially when it comes to the management of Canadian offenders. Canadian police agencies use this database to keep track of offenders, and it provides them with vital background information about the offender, making it easier to apprehend them and sentence them in a fair and just manner. The Commissioner or an authorized person's duties under Section 490.03(2) are very clear, and this provision is especially important in cases where the individual in question could pose a risk to society. The provision mandates the release of information if an individual discloses that related information is registered in the database during a proceeding or appeal. This clause ensures that appropriate information is made available to those who may require it to ensure that the justice process is carried out efficiently. At the same time, it is important to remember that Canadian legal system operates under the cornerstone of fairness and justice, and every person has the right to privacy and confidentiality. The information in the database should only be disclosed in appropriate circumstances, and it must be balanced against the need to protect the privacy of the accused. Overall, Section 490.03(2) of the Criminal Code of Canada provides an essential tool to ensure that justice is done in Canada. It is important to keep in mind that the release of information under this section should occur only under appropriate circumstances, and not as a matter of course. Additionally, system checks must be in place to ensure that the provision is utilized only when there is a clear need to disclose the information. In summary, the provision provides an important balance between protecting the privacy of the accused and ensuring society's safety that may be affected if the individual is not appropriately handled.

STRATEGY

Section 490.03(2) of the Criminal Code of Canada requires the Commissioner or that person to disclose information registered in the database relating to an individual upon request by a prosecutor or Attorney General if the individual discloses the fact that such information has been registered in connection with a proceeding or appeal other than one referred to in subsection (1). This provision raises some strategic considerations when dealing with it. In this paper, I will discuss these considerations and suggest some strategies that could be employed. One strategic consideration is the timing of the disclosure. The disclosure may have different implications depending on when it is made. For instance, if the disclosure is made during pre-trial investigations, the prosecutor may use the information to build their case and possibly negotiate a plea agreement. On the other hand, if the disclosure is made during trial, the prosecution may use the information to impeach the credibility of the accused or to undermine their defense. Therefore, individuals facing criminal charges should carefully consider when to disclose the fact that information relating to them is registered in the database. Another strategic consideration is the nature of the information registered in the database. Some information may be more damaging than others, and individuals should be aware of the potential consequences of disclosing it. For instance, if the registered information relates to a prior conviction, the prosecution may use it to argue for a higher sentence or to characterize the accused as a repeat offender. Therefore, individuals should be cautious about disclosing potentially damaging information. A third strategic consideration is the purpose of the disclosure. Individuals should have a clear understanding of why they are disclosing the fact that information is registered in the database. For instance, if the purpose of the disclosure is to seek leniency from the court, the accused may need to provide additional information to support their case. On the other hand, if the purpose of the disclosure is to seek a reduced charge, the accused may need to provide information that undermines the prosecution's case. Various strategies could be employed when dealing with section 490.03(2) of the Criminal Code of Canada. One strategy is to hire a lawyer who can help the accused navigate the disclosure process. A lawyer can provide legal advice on when to disclose the information, what information to disclose, and what the potential consequences of the disclosure may be. Additionally, a lawyer can help the accused negotiate with the prosecution to obtain a favorable plea agreement. Another strategy is to gather evidence to support the disclosure. If the purpose of the disclosure is to seek leniency, the accused may need to provide evidence that demonstrates their good character or that explains the circumstances leading to their offense. Similarly, if the purpose of the disclosure is to seek a reduced charge, the accused may need to provide evidence that undermines the prosecution's case or that suggests an alternative explanation for their conduct. In conclusion, section 490.03(2) of the Criminal Code of Canada raises several strategic considerations when dealing with it. Individuals facing criminal charges should carefully consider when to disclose the fact that information relating to them is registered in the database, the nature of the information registered, and the purpose of the disclosure. Additionally, individuals could employ strategies such as hiring a lawyer and gathering evidence to support the disclosure. By considering these factors, individuals can make informed decisions that may help them achieve a favorable outcome in their criminal proceeding.