INTRODUCTION AND BRIEF DESCRIPTION
This section allows individuals and organizations to maintain records of information obtained through the use of alternative measures for dealing with alleged offenders.
SECTION WORDING
717.3(2) Any person or organization may keep records containing information obtained by the person or organization as a result of the use of alternative measures to deal with a person alleged to have committed an offence.
EXPLANATION
Section 717.3(2) of the Criminal Code of Canada affords individuals and organizations the right to maintain records of any information obtained through alternative measures employed to address criminal offences. Alternative measures refer to programs and procedures that are implemented to address minor offences or to divert individuals away from the criminal justice system altogether. These measures typically include forms of community service, restitution, and counselling, among others. The section gives a legal right to individuals and organizations involved in alternative measures to maintain records of any information obtained through these measures. This provision allows for transparency and accountability regarding the use of alternative measures in addressing criminal offences. The information contained in these records helps the justice system to track the effectiveness of alternative measures to reduce recidivism and court caseloads. The records maintained under this section are subject to various privacy laws, and access to these records is restricted to authorized personnel only. This provision does not give individuals or organizations the right to use the information obtained through alternative measures in criminal proceedings as evidence. Any attempt to use this information as evidence in court proceedings would compromise the fundamental principle of fairness in the judicial process and is, therefore, inadmissible. Section 717.3(2) is one of several provisions that reflect the Canadian government's commitment to alternative measures as a means of addressing the justice system's challenges. It underscores the importance of accountability, transparency, and effective use of alternative measures to address minor offences and reduce recidivism rates.
COMMENTARY
Section 717.3(2) of the Criminal Code of Canada provides individuals and organizations the right to maintain records of information obtained through alternative measures to deal with persons who have allegedly committed an offense. It allows for alternatives to the traditional court system, which can lead to quicker, more effective, and less costly resolutions. These measures are available to first-time, non-violent offenders and are aimed at rehabilitating and reintegrating them into society. Alternative measures can vary, but they typically involve a network of resources that provide counseling, community service, and other forms of programming aimed at addressing the underlying issues that led to the criminal behavior. Alternative measures have been shown to have positive outcomes, such as lower recidivism rates, and they can help reduce the stress and backlogs in the criminal justice system. However, to maintain the effectiveness and integrity of these measures, it is important to ensure that individuals and organizations adhere to certain guidelines and procedures. One such guideline is the requirement to maintain records of information obtained through alternative measures. As an alternative measure is an informal process, there is a risk that important information about the offender and the outcome may be lost if not properly recorded. The records maintained must comply with the in section 8 of the Canadian Charter of Rights and Freedoms, which protects individuals' right to be free from unreasonable search and seizure. This means that any information collected must be necessary, reasonable and proportionate to the needs and goals of the alternative measures program. Additionally, individuals and organizations must follow privacy laws and best practices in handling and storing personal information. The ability to keep records is an important aspect of alternative measures, as it allows for continuous tracking of the offender's progress through the program and helps in evaluating the program's effectiveness. The information collected can include identifying information such as name, date of birth, and address, as well as information on the offense, the alternative measures used and their outcome. The information collected is typically kept for a limited period of time to ensure that the period of supervision is adequately covered, and is securely destroyed at the end of the retention period. The records kept should only be shared with authorized individuals or organizations that have a legitimate need to know, such as law enforcement or Court Services. However, privacy and confidentiality must be respected at all times, and the information should not be shared beyond what is necessary and reasonable in the given circumstances. In conclusion, Section 717.3(2) of the Criminal Code of Canada serves as a valuable tool for those seeking to utilize alternative measures to rehabilitate offenders. It provides guidance and procedure for maintaining records, thereby ensuring the effectiveness and integrity of the program. It is the responsibility of individuals and organizations to follow the guidelines and best practices in securing and maintaining records, while simultaneously respecting privacy and confidentiality.
STRATEGY
Section 717.3(2) of the Criminal Code of Canada allows for the keeping of records containing information obtained through the use of alternative measures to deal with a person alleged to have committed an offence. The use of alternative measures, such as diversion programs, allows for the avoidance of formal criminal proceedings and can be a more effective and efficient way of dealing with certain types of offences. However, there are strategic considerations that need to be taken into account when dealing with this section of the Criminal Code. One key strategic consideration is the potential impact on the privacy rights of the individuals involved. The recording and retention of information obtained through alternative measures can potentially expose individuals to negative consequences in the future, such as stigma, discrimination, or further legal difficulties. As such, any measures taken to comply with Section 717.3(2) must take into account privacy concerns and should be done in a way that limits the potential harm that could arise from the recording and retention of this information. Another strategic consideration is the potential impact on the credibility of the criminal justice system. The use of alternative measures can potentially create perceptions of unfairness or unequal treatment, particularly if some individuals or groups are more likely to benefit from these measures than others. It is important to ensure that the use of alternative measures is applied consistently and fairly, in order to maintain public trust in the criminal justice system. One strategy to address these considerations is to establish clear policies and procedures for the use of alternative measures and the recording and retention of information obtained through their use. Such policies could include guidelines on the types of offences that are eligible for alternative measures, how decisions are made about the use of these measures, and how information is recorded, stored, and accessed. Another strategy is to involve multiple stakeholders in the development and implementation of these policies and procedures. This could include representatives from affected communities, privacy advocates, legal experts, and criminal justice professionals. By incorporating diverse perspectives and expertise, it is more likely that policies and procedures will be effective, fair, and respectful of privacy. Finally, ongoing monitoring and evaluation of the use of alternative measures and the recording and retention of information obtained through their use is essential to ensure that policies and procedures are achieving their intended objectives and are not having unintended negative consequences. Monitoring could include regular reviews of the types of offences for which alternative measures are being used, the proportion of cases that are successfully diverted from formal criminal proceedings, and any privacy-related concerns that arise from the recording and retention of information. In conclusion, Section 717.3(2) of the Criminal Code of Canada allows for the recording and retention of information obtained through the use of alternative measures to deal with individuals alleged to have committed offences. However, strategic considerations in relation to privacy and fairness must be taken into account when developing policies and procedures for using these measures. Strategies could include clear policies and procedures, stakeholder involvement, and ongoing monitoring and evaluation.