Criminal Code of Canada - section 717.4(1)

section 717.4(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows certain individuals and organizations access to records related to someone suspected or charged with an offense for purposes such as investigation, administration of justice, or research.

SECTION WORDING

717.4(1) Any record that is kept pursuant to section 717.2 or 717.3 may be made available to (a) any judge or court for any purpose relating to proceedings relating to offences committed or alleged to have been committed by the person to whom the record relates; (b) any peace officer (i) for the purpose of investigating any offence that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or (ii) for any purpose related to the administration of the case to which the record relates; (c) any member of a department or agency of a government in Canada, or any agent thereof, that is (i) engaged in the administration of alternative measures in respect of the person, or (ii) preparing a report in respect of the person pursuant to this Act; or (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that the disclosure is (i) desirable in the public interest for research or statistical purposes, or (ii) desirable in the interest of the proper administration of justice.

EXPLANATION

Section 717.4(1) of the Criminal Code of Canada sets out the circumstances under which records kept pursuant to Sections 717.2 and 717.3 can be made available. These sections deal with the taking of DNA samples and the collection and retention of fingerprints and certain personal information for the purpose of identifying individuals who have been charged with or convicted of various offenses. Under Section 717.4(1), records may be made available to judges or courts for any purpose relating to proceedings relating to offenses committed or alleged to have been committed by the person to whom the record relates. This means that judges or courts may access DNA samples, fingerprints, and other personal information in order to facilitate the administration of justice in criminal cases. Records may also be made available to peace officers for the purpose of investigating offenses that the person is suspected of having committed, or in respect of which they have been arrested or charged. This enables law enforcement officials to gather evidence and build cases against individuals who are suspected of criminal activity. In addition, Section 717.4(1) allows for records to be made available to members of government departments or agencies that are involved in the administration of alternative measures (such as diversion programs) or in preparing reports pursuant to the Criminal Code of Canada. Finally, records may be made available to other individuals or classes of individuals if a judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes, or in the interest of the proper administration of justice. This provision ensures that records are not disclosed indiscriminately, but rather in limited circumstances where it is deemed necessary and appropriate to do so.

COMMENTARY

Section 717.4(1) of the Criminal Code of Canada grants certain individuals and entities access to records kept pursuant to sections 717.2 and 717.3. These sections relate to the collection and retention of DNA samples and fingerprints, respectively, for individuals who have been detained or charged with certain criminal offenses. Access to such records is limited to specific purposes, and the Code sets out the circumstances under which access may be granted. The first group of individuals who may access these records are judges or courts, who may do so for any purpose relating to proceedings relating to offenses committed or alleged to have been committed by the person to whom the record relates. This is a critical provision as it allows judges and courts to have complete access to any criminal history of an individual that may be relevant to a current case. This not only ensures that justice is served but also promotes consistency in sentencing practices. The second group of individuals granted access to these records are peace officers. Peace officers are granted access for two specific circumstances. First, in cases where a person is suspected of having committed an offense, but it hasn't been grounded in proven facts. Secondly, if someone has already been arrested or charged, the peace officer can access the record to investigate additional offenses. This provision is necessary for police investigations to be conducted smoothly, as DNA samples and fingerprints can be key evidence in solving and prosecuting crime. The third group of individuals include members of government departments or agencies engaged in the administration of alternative measures in respect of the person, or preparing a report in respect of the person pursuant to the Act. This provision is essential in promoting the rehabilitation of offenders by providing them with alternative measures to avoid acrimonious trials. The fourth and final group of individuals granted access to these records are those deemed by a judge of a court to have a valid interest in the record. The judge must be satisfied that the disclosure is desirable in the public interest for research or statistical purposes or desirable in the interest of the proper administration of justice. This provision is necessary to balance the need for transparency in the administration of justice with the privacy rights of individuals. Overall, this section of the Criminal Code of Canada provides a critical framework for the collection and sharing of sensitive criminal records only to authorized entities with legitimate reasons. This allows for better administration of justice, resolution of criminal cases, and importantly, the protection of personal privacy rights. While the provision of this information can be an essential tool in the administration of justice, its use should be carefully monitored to protect individuals' privacy rights and prevent any abuse of power.

STRATEGY

Section 717.4(1) of the Criminal Code of Canada governs the disclosure of records related to criminal offenders. The strategic considerations that arise when dealing with this section of the Criminal Code are important for law enforcement agencies, government departments involved in the administration of alternative measures, and other stakeholders who may have an interest in accessing these records. The first strategic consideration is the balancing of privacy concerns against the need for information sharing. The records referred to in the section include personal information about an individual that is collected and held by law enforcement agencies, courts, and government departments. The privacy of this information needs to be protected while ensuring that relevant stakeholders have access to the information they need. Therefore, when requesting access to such records, it is essential to consider the potential impact of disclosure on an individual's privacy interests. The second strategic consideration is the purpose for which the records are being requested. Subsection (a) permits the disclosure of records to judges or courts for any purpose relating to criminal proceedings. This can be particularly useful for prosecutors who need to assemble evidence to build a case against an offender. Conversely, individuals seeking access to their own records can use this provision to understand the charges or allegations against them. Under subsection (b), law enforcement officers can use information from these records to investigate potential criminal offenses. However, it is imperative to ensure that the purpose for acquiring these records is legitimate. The third strategic consideration is the process for requesting access. The Code requires adherence to certain standards for purposes of transparency and accountability. To request access, individuals must follow the proper procedures for requesting and obtaining access to records under the Act. This ensures that the information sought is relevant, accurate, and reliable. Moreover, a clear request for disclosure and an explanation for why the disclosure is necessary, are both essential. Other strategies that could be employed include properly documenting the reason for accessing the records, limiting the disclosure to only the necessary information, ensuring that employees who have access to these records are trained in the approved disclosure procedures, and establishing appropriate security measures to prevent unauthorized disclosure or access to records. These strategies provide a framework to manage the potential ill effects of unauthorized access, misuse, or disclosure such as identity theft. In conclusion, section 717.4(1) of the Criminal Code of Canada provides a framework for law enforcement agencies, government departments, and other stakeholders to access records related to offenders to fulfill their roles effectively and responsibly. Understanding the strategic considerations and employing appropriate strategies while disclosing these records can enhance transparency, accountability, and prevent any potential harm to the individual's privacy or security.