INTRODUCTION AND BRIEF DESCRIPTION
An order to withhold information does not apply if the purpose of disclosing the information is not to make it known in the community.
SECTION WORDING
672.501(4) An order made under any of subsections (1) to (3) does not apply in respect of the disclosure of information in the course of the administration of justice if it is not the purpose of the disclosure to make the information known in the community.
EXPLANATION
Section 672.501(4) of the Criminal Code of Canada is an important provision that allows the disclosure of information in the administration of justice, while still protecting the privacy of individuals. It signifies that any order made under subsections (1) to (3) of this section does not apply to the disclosure of information that is required for the administration of justice. The administration of justice involves the collection, processing, and presentation of evidence in a court of law. This section recognizes that certain information may need to be disclosed to ensure a fair trial or to enable law enforcement to carry out their duties. For instance, law enforcement may need to share information with other agencies or departments to investigate and prevent further crimes. However, this provision emphasizes that the disclosure of information must only be for the purpose of the administration of justice. It must not be done to make the information known in the community, such as through the media or social networks. The reason for this is to prevent undue harm to any individual's reputation or privacy rights as a result of the information being made public. In essence, this section allows for the appropriate use and sharing of information in the criminal justice system while ensuring that the privacy rights of individuals are not unjustly violated. It strikes a balance between protecting individuals' privacy and ensuring that justice is served.
COMMENTARY
Section 672.501(4) of the Criminal Code of Canada is a provision that governs the disclosure of information related to criminal proceedings in the interest of justice. Essentially, it provides an exception to the general rule that information about a person's criminal record or involvement in criminal proceedings is private and should be kept confidential. Section 672.501(4) allows for the disclosure of this information in certain circumstances, specifically when it is necessary for the administration of justice. The purpose of section 672.501(4) is to balance the need for privacy and confidentiality in criminal proceedings with the need for transparency and openness in the legal system. On the one hand, individuals have a right to privacy and to have their personal information kept confidential. On the other hand, the administration of justice requires that information be disclosed in order to ensure fair and just outcomes in criminal cases. The provision sets out two main requirements that must be met in order for information to be disclosed in the administration of justice. First, the disclosure must be necessary for the administration of justice. This means that there must be a valid reason for the disclosure, such as to assist in the prosecution or defense of a criminal case, to assist in a sentencing hearing, or to provide relevant information to a parole board or other government agency. Second, the disclosure must not be for the purpose of making the information known in the community. This means that the disclosure must be made in the context of the legal system and for the specific purposes related to that system. It cannot be made simply to share information with the public or to shame or embarrass an individual. There are many reasons why the administration of justice requires the disclosure of information related to criminal proceedings. First, such information can be crucial to the proper functioning of the legal system. It can help to ensure that justice is done, by providing judges, lawyers, and other legal actors with the information they need to make informed decisions. Second, the disclosure of information can be important for the protection of public safety. Criminal records and other information can be used to assess the risk posed by individuals who have been involved in criminal activities, and to inform decisions about sentencing or release from custody. Overall, section 672.501(4) of the Criminal Code of Canada strikes a balance between the right to privacy and the need for transparency and openness in the legal system. It recognizes that certain information may need to be disclosed in the interests of justice, but ensures that this is done in a manner that is appropriate and respectful of the individuals involved. As such, it is an important provision in the Canadian legal system.
STRATEGY
Section 672.501(4) of the Criminal Code of Canada is an important provision that limits the scope of non-disclosure orders made under subsections (1) to (3) in specific cases. This provision prohibits the use of such orders to prevent the disclosure of information in the course of the administration of justice where it is not the intention or purpose of the disclosure to make the information known in the community. Strategic considerations and strategies when dealing with this section of the Criminal Code of Canada could include: 1. Ensuring compliance with the Criminal Code: It is important to ensure compliance with the Criminal Code when seeking to use this provision. Counsel must be aware of the limits of non-disclosure orders, and must carefully consider the intended purpose of the proposed disclosure. 2. Balancing privacy and transparency: Information related to criminal proceedings is often sensitive and private, but at the same time, transparency is essential for ensuring accountability and building public trust in the justice system. Counsel should examine how to balance these competing interests when seeking to use this provision. 3. Identifying the purpose of the disclosure: Counsel must be clear about the purpose of the proposed disclosure, ensuring that it is consistent with the administration of justice and not intended to make the information known in the community. This may require careful planning and coordination with other parties involved in the proceedings. 4. Planning for consequences: Counsel should consider the potential consequences of the disclosure, such as the impact on confidentiality, privacy, and reputation. They must also be prepared to address any challenges or objections that may arise during the proceedings. 5. Considering alternative strategies: Counsel should explore other strategies for addressing privacy concerns and promoting transparency, such as redacting sensitive information or using protective orders. They should also consider whether the disclosure is essential to the administration of justice, or if there are other ways of achieving the same goal. Overall, strategic considerations and strategies when dealing with Section 672.501(4) of the Criminal Code of Canada require careful analysis of the facts, circumstances, and objectives of the case. It is essential to balance the interests of privacy and transparency, while also complying with the limits of the provision and ensuring the integrity of the administration of justice.