Criminal Code of Canada - section 492.2(2) - Order re telephone records

section 492.2(2)

INTRODUCTION AND BRIEF DESCRIPTION

A justice can order a person or body to provide records of telephone calls in certain circumstances.

SECTION WORDING

492.2(2) When the circumstances referred to in subsection (1) exist, a justice may order that any person or body that lawfully possesses records of telephone calls originated from, or received or intended to be received at, any telephone give the records, or a copy of the records, to a person named in the order.

EXPLANATION

Section 492.2(2) of the Criminal Code of Canada provides for the circumstances in which a justice may order the disclosure of records of telephone calls. This section is an important tool for law enforcement agencies when investigating criminal activities, particularly those that involve the use of telephones. Under this section, a justice may order any person or body that lawfully possesses records of telephone calls to give the records or make copies of them to a person named in the order. The records that may be disclosed include those of calls that are originated from or received at a telephone or those that are intended to be received at a telephone. The purpose of this section is to provide law enforcement agencies with a legal means of accessing information that may be crucial to the investigation of criminal activities. For instance, if the police are investigating a drug trafficking network and suspect that a particular individual is using a telephone to coordinate the activities, they may apply to a justice for an order to obtain the records of the calls made to and from that telephone. This section is also useful in cases of kidnapping, extortion, and other serious crimes where the use of telephones may be crucial in coordinating the criminal activities. By allowing access to records of telephone calls, law enforcement agencies can obtain evidence that may help them to identify and apprehend the perpetrators of these crimes. However, it is important to note that the use of this section is subject to certain conditions and limitations. For instance, a justice can only order the disclosure of records of telephone calls if there are reasonable grounds to believe that the disclosure is necessary for the investigation or prosecution of a criminal offence. Additionally, the person or body that lawfully possesses the records of telephone calls must comply with the order without delay. In conclusion, section 492.2(2) of the Criminal Code of Canada is an important legal provision that allows law enforcement agencies to access records of telephone calls in certain circumstances. The provision helps to facilitate investigations into criminal activities, but it is also subject to certain conditions and limitations to protect the privacy rights of individuals.

COMMENTARY

Section 492.2(2) of the Criminal Code of Canada is a provision that outlines the circumstances under which a justice may order the production of records related to telephone calls. The provision allows for the lawful access to records of telephone calls that have been made, received, or intended to be received at any telephone. The purpose of this section is to assist in the investigation of crimes and to aid in the prosecution of those who have committed such crimes. The concept of protecting fundamental rights is paramount in any democratic society, and access to private communication is an aspect of personal liberty that is core to our values and beliefs. In this regard, the Criminal Code of Canada outlines a proper and legally sound process for ordering the production of telephone call records. However, the same provision also raises concerns regarding the balance between the need for access and the protection of individual privacy rights. On the one hand, the provision allows for the lawful application of the investigative process to obtain valuable evidence necessary in criminal investigations. Crimes such as terrorism, drug trafficking, or sexual exploitation of minors can be prosecuted more effectively with the assistance of telephone call records. The provision also ensures that access to these records is only authorized under judicial supervision, which provides an additional layer of oversight and accountability. On the other hand, the provision allows for a broad type of search and seizure, allowing the authorities to access private communication information without the knowledge of the individual concerned. This raises concerns about preserving the privacy and dignity of the individuals whose information is being accessed. In today's digital age, communication channels carry more information than ever before, and the provision creates the potential for unwarranted abuse of authority in accessing an individual’s communication history. The potential for abuse underscores the importance of the judicial supervision required by the Canadian criminal justice system, which ensures that there is no undue interference in the interests of upholding individual privacy rights. The judicial oversight required for the application of this provision means that access to the records is only granted when key legal thresholds have been met. This ensures that the access of records remains within the confines of providing evidence to support criminal investigations. Overall, Section 492.2(2) of the Criminal Code of Canada represents a vital aspect of the investigative processes for law enforcement agencies in Canada. The provision allows for the production of telephone call records in a manner that is legal, transparent, and accountable. Stringent judicial oversight is required before any records are released to ensure that fundamental privacy rights are protected. The balance between accessing information and protecting privacy rights underlines the importance of Section 492.2(2), and the operation of the provision needs to be subject to continued review to ensure its balance with fundamental Canadian values.

STRATEGY

Section 492.2(2) of the Criminal Code of Canada allows law enforcement agencies to obtain records of telephone calls that are originated from, received or intended to be received at a particular telephone. This provision can be beneficial to law enforcement agencies in the investigation and prosecution of criminal offenses. However, it's important to note that this provision also raises some significant privacy concerns that need to be addressed. One of the key strategic considerations for law enforcement agencies when dealing with this provision is the need to balance the privacy interests of individuals with the need to investigate criminal offenses. As such, any decision to obtain telephone records under this provision must be based on clear and compelling evidence that the information sought is essential to the investigation and prosecution of a particular criminal offense. Another important strategic consideration is the need to comply with the procedural requirements set out in the Criminal Code. For example, before obtaining telephone records under this provision, law enforcement agencies must first obtain a warrant from a judge or magistrate. The application for the warrant must also provide sufficient information to demonstrate that the records are necessary for a particular investigation. Given the sensitive nature of the information that can be obtained under this provision, law enforcement agencies must also take steps to protect the confidentiality and integrity of the records obtained. This might include a range of measures, such as limiting access to the records, implementing secure storage and transmission protocols, and ensuring that the records are destroyed once they are no longer required. To ensure that the use of this provision is consistent with the principles of privacy, transparency, and accountability, law enforcement agencies may also consider developing policies and procedures that provide guidance on the use of this provision. These policies should be designed to ensure that the use of this provision is subject to appropriate oversight and that any breaches of privacy are quickly identified and addressed. In terms of strategies that can be employed when dealing with this provision, law enforcement agencies may consider partnering with other agencies or organizations to obtain the records sought. For example, where a telephone company possesses the records, law enforcement agencies may consider working with the company to obtain the records, rather than relying solely on the provisions of section 492.2(2) of the Criminal Code. Another strategy that can be employed is to ensure that investigators conducting the investigation have the necessary skills and expertise to interpret and analyze the information obtained. This might involve providing training to investigators on the handling of electronic evidence or working with forensic experts to extract and analyze the information obtained. Ultimately, the use of section 492.2(2) of the Criminal Code must be guided by a commitment to upholding the rule of law and protecting the privacy rights of individuals. By carefully considering the strategic implications of this provision and developing appropriate policies and procedures, law enforcement agencies can ensure that the use of this provision is consistent with these objectives.