Criminal Code of Canada - section 672.51(7) - Prohibition of disclosure in certain cases

section 672.51(7)

INTRODUCTION AND BRIEF DESCRIPTION

This section prohibits the disclosure of disposition information to individuals who are not involved in the proceedings or if it would be seriously prejudicial to the accused.

SECTION WORDING

672.51(7) No disposition information shall be made available for inspection or disclosed to any person who is not a party to the proceedings (a) where the disposition information has been withheld from the accused or any other party pursuant to subsection (3) or (5); or (b) where the court or Review Board is of the opinion that disclosure of the disposition information would be seriously prejudicial to the accused and that, in the circumstances, protection of the accused takes precedence over the public interest in disclosure.

EXPLANATION

Section 672.51(7) of the Criminal Code of Canada aims to protect the privacy and interests of individuals who are accused of criminal offenses, particularly those who have been found not criminally responsible or unfit to stand trial. This section establishes that disposition information, which refers to the outcome of these cases, cannot be made available for inspection or disclosed to anyone who is not a party to the proceedings, unless certain conditions are met. Firstly, if the disposition information has been withheld from the accused or any other party pursuant to subsection (3) or (5), meaning that the court decided to keep it confidential for specific reasons, then it cannot be disclosed to third parties. Subsections (3) and (5) refer to cases where the court determines that the accused's mental health or other factors make it necessary to keep certain information confidential. Secondly, even if the disposition information is not subject to subsection (3) or (5), the court or Review Board may decide to withhold it if its disclosure would be seriously prejudicial to the accused and the protection of the accused takes precedence over the public interest in disclosure. This means that if the court determines that the release of information could harm the accused's reputation, safety, or well-being, it can decide to keep it confidential. In sum, section 672.51(7) balances the right to privacy and protection of individuals who are involved in criminal cases with the public interest in disclosure. It aims to ensure that disposition information is only made available when it is appropriate to do so and does not harm anyone involved in the case.

COMMENTARY

The Criminal Code of Canada has a wide range of statutes related to criminal justice in the country. One of the most important provisions of the Criminal Code is section 672.51(7), which outlines the rules surrounding the availability and disclosure of disposition information in criminal proceedings. Disposition Information refers to information about a person's criminal record, including their past convictions and any sentences or dispositions they have received as a result of these convictions. This information is typically held in a central database, and can be accessed by law enforcement agencies, the courts, and other authorized parties. Under section 672.51(7), no disposition information can be made available for inspection or disclosed to any person who is not a party to the proceedings, in certain circumstances. If the disposition information has been withheld from the accused or any other party, pursuant to subsections (3) or (5), then it cannot be disclosed to anyone else. Moreover, even where the disposition information is not subject to any such restrictions, the court or Review Board may still decide not to disclose it if it believes that such disclosure could be seriously prejudicial to the accused. This provision is designed to protect the privacy and rights of individuals who have been accused of a crime, and to ensure that they are not unfairly disadvantaged as a result of their past criminal record or the circumstances of their case. By preventing unauthorized disclosure of disposition information, section 672.51(7) helps to maintain the integrity of the criminal justice system in Canada, and protects the rights of accused persons. However, it is worth noting that there are some potential concerns with this provision. In particular, there is a risk that in certain cases, the protection of the accused could take precedence over the public interest in disclosure. This could result in situations where individuals with a history of violent or dangerous behavior are not subject to appropriate levels of scrutiny or oversight - which could ultimately put members of the public at risk. Overall, section 672.51(7) is an important provision of the Criminal Code of Canada, which serves to protect the privacy and rights of accused persons, while also upholding the integrity of the criminal justice system. However, there is a need for caution in its application, to ensure that the public is not put at risk by the withholding of important disposition information in certain cases.

STRATEGY

Section 672.51(7) of the Criminal Code of Canada provides for the non-disclosure of disposition information in certain circumstances. This section is of particular importance to legal practitioners in criminal proceedings, as it can significantly impact the outcome of cases. There are several strategic considerations that lawyers need to keep in mind when dealing with this provision. First of all, it is essential to determine whether the disposition information is subject to disclosure. If it is not, and the court has ordered that it be kept confidential, the lawyer must be careful not to disclose the information to anyone who is not a party to the proceedings. Failure to adhere to this requirement can result in serious consequences, including contempt of court charges. Secondly, if the disposition information is potentially disclosable, the lawyer must assess whether disclosure would be in the client's best interests. This requires an understanding of the potential impact of the information on the proceedings and the client's reputation. In some cases, disclosure may be necessary to rebut allegations made by the Crown or other parties to the proceedings. However, in other cases, disclosure may be harmful to the client's interests, and the lawyer may need to argue for non-disclosure under s. 672.51(7). One strategy that can be employed in cases where disclosure is not in the client's best interests is to seek a publication ban under s. 517 of the Criminal Code. A publication ban would prevent the press or others from reporting on any information that could identify the accused person or that could be prejudicial to the accused. This strategy can be beneficial in cases where the accused has a strong reputation or where the potential harm from disclosure is significant. Another strategy that can be employed is to seek a sealing order under s. 672.54. A sealing order allows the court to keep any documents or other evidence related to the case confidential. This can be helpful in cases where the evidence is sensitive or potentially harmful to the accused. However, the lawyer must be prepared to argue that the sealing order is necessary to protect the client's interests and that the public interest in disclosure is outweighed by the need for confidentiality. In conclusion, s. 672.51(7) of the Criminal Code of Canada provides for the non-disclosure of disposition information in certain circumstances. Lawyers need to carefully consider the potential impact of this provision on their clients' interests and develop strategies that balance the need for confidentiality with the public interest in disclosure. Some potential strategies include seeking publication bans or sealing orders, arguing for non-disclosure under s. 672.51(7), or withholding potentially sensitive information altogether.