INTRODUCTION AND BRIEF DESCRIPTION
This section allows for the issuing of a warrant to search for valuable minerals if there are reasonable grounds to believe they are held illegally.
SECTION WORDING
395(1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.
EXPLANATION
Section 395(1) of the Criminal Code of Canada outlines the process for obtaining a warrant to search for valuable minerals that may be illegally held or deposited in a particular place or by a specific person. The section states that an information in writing must be submitted under oath by a peace officer or a public officer who is authorized to enforce federal or provincial laws. This officer must also have duties that involve enforcing the Criminal Code or other Acts of Parliament. Once this information is submitted, a justice must review it and determine whether there are reasonable grounds to believe that a valuable mineral is being held illegally. If the justice is satisfied that this is the case, they may issue a warrant that authorizes a peace officer or a named public officer to search the places or persons mentioned in the information. The purpose of this section is to prevent the illegal holding or depositing of valuable minerals. It gives peace officers and public officers the power to investigate suspected violations of the law and to obtain evidence that may be used in criminal prosecutions. By requiring that the information be submitted under oath and reviewed by a justice, the section helps to ensure that the powers granted to these officers are used appropriately and in accordance with the law. Overall, section 395(1) is an important tool in maintaining the integrity of Canada's natural resources and ensuring that those who violate the law are held accountable.
COMMENTARY
Section 395(1) of the Criminal Code of Canada outlines the procedures that must be followed in order to conduct a search for valuable minerals in violation of any federal or provincial laws. The section outlines specific conditions that must be met before a search warrant can be issued by a justice, including the requirement of an information laid under oath by a peace or public officer. This section of the Criminal Code of Canada is particularly important in the context of resource extraction, which is a major component of the Canadian economy. Canada is home to numerous valuable mineral deposits, whether they be metals like copper or gold, or fossil fuels such as oil and natural gas. As a result, the regulation and enforcement of resource extraction is a key concern for the Canadian government and its citizens. The issuance of a warrant under Section 395(1) is a significant legal action, as it grants authorities the power to invade the privacy of individuals and/or organizations. Therefore, it is important that the conditions outlined in the section are properly met in order to prevent misconduct by officials. One key condition that must be met is the requirement for the information laid to be done so under oath by a peace or public officer. This ensures that any evidence or information provided is presented truthfully and accurately. Additionally, the section requires that the information presented provides reasonable grounds to believe that a violation of the Criminal Code or other Acts of Parliament has occurred. This is an important safeguard against frivolous or unwarranted searches, and helps to ensure that the rights of the accused are protected. Another noteworthy aspect of Section 395(1) is the authorization provided to the justice to issue a warrant for a peace officer or public officer. This underscores the importance of the judiciary as a critical component of Canada's democracy, and highlights the checks and balances that exist between the various branches of government. The judiciary is tasked with evaluating the evidence presented by law enforcement officials, and determining whether it meets the threshold necessary to issue a warrant. As such, this section reinforces the importance of the judiciary in upholding justice and ensuring that the rule of law is respected. In conclusion, Section 395(1) of the Criminal Code of Canada is a key provision that outlines the requirements necessary to conduct a search for valuable minerals in violation of federal or provincial laws. The section's emphasis on the oath and reasonable grounds necessary for information presented highlights the importance of accurate and truthful evidence, and safeguards against unwarranted searches. Additionally, the authorization provided to the justice to issue a warrant underscores the importance of the judiciary as a key player in upholding justice and ensuring that the rule of law is respected. Overall, this section is a critical component of Canada's system of values and democracy.
STRATEGY
Section 395(1) of the Criminal Code of Canada outlines the process for obtaining a warrant to search for valuable minerals that have allegedly been deposited in a place or held by a person. As with any criminal law provision, there are strategic considerations that should be taken into account when dealing with this section. One strategic consideration is ensuring that the information laid before the justice is accurate and reliable. This is because the justice must be satisfied that there are reasonable grounds to believe that valuable minerals are present before issuing a warrant. If the information is later found to be unreliable or false, any evidence obtained as a result of the warrant may be challenged and excluded in court. Another strategic consideration is selecting the right officer to lay the information and execute the warrant. The officer should be knowledgeable about the relevant federal or provincial law and have experience in enforcing it. They should also have the necessary resources to carry out the search effectively. A third strategic consideration is determining the scope of the search authorized by the warrant. The warrant should specify the places or persons to be searched and the type of minerals being sought. It should also be clear about the authority of the officer executing the warrant, such as whether they have the power to detain or arrest individuals during the search. Fourthly, it is crucial to ensure that the search is conducted in a way that is consistent with individuals' rights under the Charter of Rights and Freedoms. This includes ensuring that reasonable and probable grounds support the search. Additionally, search methods must be reasonable and not excessively intrusive, considering all the circumstances. Lastly, it is wise to consult with legal counsel before and during the process to ensure compliance with applicable laws and regulations. An experienced lawyer can provide guidance on the legal aspects of the search, such as any potential Charter or privacy concerns, and advise on any issues that may arise during the search. In terms of strategies that could be employed, it is essential to conduct thorough research and preparation before laying the information. This includes obtaining as much relevant data as possible to support the search. Additionally, training and education for officers involved in the enforcement of this section of the criminal code will help in the proper interpretation and understanding of the provisions. Another effective strategy is to develop protocols for carrying out searches and executing warrants. This includes guidelines for gathering and presenting evidence to the justice, conducting searches, and handling any conflicts or legal challenges that may arise. Such protocols will help ensure consistency and efficiency in the operation. Overall, dealing with Section 395(1) of the Criminal Code of Canada requires a strategic approach. By following the above considerations and employing strategic tactics, the goals of the search can be achieved while maintaining the legal and ethical principles of law enforcement.