INTRODUCTION AND BRIEF DESCRIPTION
Individuals who can access court documents electronically are entitled to receive printed copies upon payment of a reasonable fee set by the relevant provinces Attorney General.
SECTION WORDING
847 Any person who is entitled to obtain a copy of a document from a court is entitled, in the case of a document in electronic form, to obtain a printed copy of the electronic document from the court on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the relevant province.
EXPLANATION
Section 847 of the Criminal Code of Canada outlines the rights of individuals to obtain a print copy of electronic documents from a court. It specifies that any person who is legally empowered to obtain a document from a court is entitled to receive a printed copy of an electronic document on payment of a reasonable fee. In today's digital age, most of the court documents are created and stored in their electronic form. This section is especially beneficial for individuals who require hard copies of important documents such as court orders, legal reference material, or transcripts of trials. The provision ensures that the individuals have access to physical copies of electronic documents regardless of their accessibility to technology. It also makes it possible for legal professionals, scholars and researchers to access essential legal documents without having to rely on electronic versions. The fee charged for obtaining a printed copy is determined by the Attorney General of the province, which ensures that the process is transparent and reasonable. In summary, Section 847 of the Criminal Code of Canada preserves the right of individuals to access physical copies of digital documents as mandated by the court. It helps to ensure that essential legal documents are more widely accessible and makes it possible for individuals who may not have access to digital technology to have access to important legal information and precedents.
COMMENTARY
Section 847 of the Criminal Code of Canada sets out the rules surrounding access to electronic documents in court proceedings. This section provides for an important balance between the public's right to access court documents and the protection of personal privacy, as well as the commercial interests of the courts. The provision states that any person who is entitled to obtain a copy of a document from a court is entitled to obtain a printed copy of the electronic document from the court on payment of a reasonable fee. This means that if a court document is available in electronic format, anyone who has the right to access that document is entitled to receive a paper copy of the document for a fee. It is worth noting that this provision only applies to documents that are already available to a particular person - it does not create a general right to access court documents. The provision also sets out that the amount charged for providing a printed copy of the electronic document must be reasonable, and it must be determined in accordance with a tariff of fees fixed or approved by the Attorney General of the relevant province. The use of a tariff of fees ensures that the costs of obtaining printed copies of electronic documents are standardized and predictable. This is important when considering that courts may receive a large number of requests for electronic document copies. Overall, section 847 strikes a balance between the public's right to access court documents and the need to protect individuals from unwanted disclosure of personal information. The provision also manages the commercial interest of courts. It is important that individuals have access to court documents to ensure accountability and transparency in the justice system. Moreover, enabling electronic access to court documents can help promote access to justice by reducing costs, improving efficiencies, and providing more rapid access to information. However, it is also important to ensure that personal information contained in court documents is protected. Provisions in the Criminal Code, including sections 487.3 and 488, set out restrictions on access to court information that contains personal information. These sections impose penalties for improper access or disclosure of such information and can help prevent the misuse of personal information. In conclusion, section 847 of the Criminal Code of Canada is an important provision that strikes a balance between the public's right to access court documents, the protection of personal privacy, and the commercial interests of the courts. It ensures that individuals who are entitled to access court documents can obtain printed copies of electronic documents for a reasonable fee while ensuring that personal information contained in these documents is protected. Taken together with related provisions in the Criminal Code, section 847 helps to promote access to justice while safeguarding individuals' privacy rights.
STRATEGY
Section 847 of the Criminal Code of Canada was enacted to address the issue of access to electronic court documents. The provision aims to ensure that individuals have the right to obtain a printed copy of any electronic document from the court, subject to the payment of a reasonable fee. The provision is critical in ensuring that individuals have access to the justice system and can exercise their rights effectively. However, in practice, obtaining printed copies of electronic court documents can be a complex and time-consuming process, and it is essential for strategic considerations to be taken into account when dealing with this provision. Some of the strategic considerations that must be taken into account include: 1. Cost. Section 847 specifies that individuals must pay a reasonable fee to obtain printed copies of electronic court documents. It is essential to ensure that the fees charged are reasonable and do not place an undue financial burden on individuals. 2. Timing. The process of obtaining printed copies of electronic court documents is often time-consuming, particularly if a large number of documents need to be printed. It is advisable to ensure that sufficient time is allowed for the process to be completed. 3. Privacy. Printed copies of electronic court documents may contain sensitive personal information that must be protected. Strategies must be put in place to ensure that the privacy of individuals is not compromised when obtaining printed copies of electronic court documents. 4. Access. In many cases, obtaining printed copies of electronic court documents may be critical to the exercise of an individual's rights. Strategies must be put in place to ensure that individuals have access to the documents they need. 5. Technology. The process of obtaining printed copies of electronic court documents may require specialized technology and equipment. It is essential to ensure that the necessary technology and equipment are available and functioning correctly. There are various strategies that could be employed to address these strategic considerations. Some of these strategies include: 1. Fee reduction. To ensure that the fees charged for printed copies of electronic court documents are reasonable, it may be necessary to negotiate with court officials or seek a reduction in fees where necessary. 2. Outsourcing. In cases where obtaining printed copies of electronic court documents is time-consuming, it may be more efficient to outsource the task to a third-party provider that specializes in document printing and management. 3. Privacy policies. To protect the privacy of individuals, clear policies must be put in place governing the obtaining and handling of printed copies of electronic court documents. 4. Simplification. The process of obtaining printed copies of electronic court documents may be simplified by creating online portals or other technology-based solutions that streamline the process. 5. Due diligence. To ensure that individuals have access to the documents they need, it may be necessary to conduct a thorough review of the electronic documents available to determine which documents need to be printed. In conclusion, section 847 of the Criminal Code of Canada is critical in ensuring that individuals have the right to obtain printed copies of electronic court documents. However, strategic considerations must be taken into account when dealing with this provision to ensure that individuals have access to the justice system effectively. Strategically sound approaches like reduce fees, outsourcing, privacy policies, simplifications, and due diligence can ensure the efficient application of section 847 of the Criminal Code of Canada.