INTRODUCTION AND BRIEF DESCRIPTION
A duplicate or facsimile of an information or warrant holds equivalent evidential weight as the original.
SECTION WORDING
487.1(12) A duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purposes of subsection (11).
EXPLANATION
Section 487.1(12) of the Criminal Code of Canada is intended to provide guidance on the probative force of a duplicate or facsimile of an information or warrant. This section establishes that a duplicate or facsimile of an information or warrant has the same probative force as the original document, for the purposes of subsection (11). The context of this section is important to understand. Subsection (11) of Section 487.1 of the Criminal Code provides for the issuance of search warrants and production orders. These are legal documents that authorize law enforcement officers to search for and seize evidence that may be relevant to an ongoing criminal investigation. In these situations, it is important that the law enforcement officers have reliable and accurate documentation to support their actions. In many cases, it may be necessary to provide a copy of the original information or warrant to multiple individuals or agencies involved in an investigation. Section 487.1(12) recognizes that a duplicate or facsimile of the original document has the same probative force as the original. This means that it can be relied upon by all parties as if it were the original document. In practice, this section ensures that law enforcement agencies can share important documents and information quickly and efficiently during an investigation. It also helps to prevent disputes or challenges to the validity of the information or warrant based on issues with a physical copy of the document. Finally, it ensures that justice can be served efficiently and accurately by minimizing delays in accessing reliable and accurate information throughout the legal process.
COMMENTARY
Section 487.1(12) of the Criminal Code of Canada is a provision that governs the use of duplications or facsimiles of information or warrant for legal proceedings in criminal cases. The section provides that a duplicate or facsimile of an information or warrant has the same probative force as the original for the purposes of subsection (11). Subsection (11) of section 487.1 outlines the requirements for the production of information and warrants used to obtain personal information or evidence in investigative or legal proceedings. It stipulates that a justice or judge may require the production of information or warrant used to obtain personal information or evidence. The person who produced or obtained the information or warrant is required to provide the original document or a copy of the document on request. The provision allows for the use of duplicate or facsimile of the original information or warrant in legal proceedings instead of the original document. This means that a copy of an information or warrant has the same evidentiary value as the original, and that the court can rely on it as evidence. The use of duplicates or facsimiles of information or warrants has significant legal implications. First, it helps to ensure that the information and evidence presented to the court is reliable and accurate. When a copy of an information or warrant has the same probative force as the original, it reduces the risk of errors, omissions or deliberate tampering with the original document. Additionally, the use of duplicates or facsimiles of information or warrants promotes efficiency in court proceedings by avoiding the need to produce the original document. This saves time and resources that would otherwise be expended in obtaining the original document. It also enables the court to receive and consider the evidence promptly. The provision also safeguards the privacy and security of the parties involved in the process by ensuring that the original information or warrant is not disclosed unnecessarily. This helps to protect personal information and ensures that sensitive information is not released to unauthorized persons. In summary, section 487.1(12) of the Criminal Code of Canada is a crucial legal provision that provides for the use of duplicates or facsimiles of information or warrants in legal proceedings. It helps to promote the reliability of information and evidence presented in court, efficiency, privacy and security, and overall fairness in the administration of justice.
STRATEGY
Section 487.1(12) of the Criminal Code of Canada is a crucial tool for law enforcement agencies when presenting evidence related to search warrants and seizures during legal proceedings. The use of duplicate or facsimile information or warrants is becoming increasingly common in modern-day investigations. This section of the code provides a significant advantage to legal teams that can ensure their duplicates or facsimiles comply with the law. When it comes to dealing with this section of the criminal code strategically, several considerations need to be taken into account. Firstly, legal teams must consider the probative force of the duplicate or facsimile information or warrant. This means that the evidence of the original and the duplicate must be identical, and that any changes made to the duplicate must be fully documented and approved by an authorized officer. Another strategic consideration is the authenticity and reliability of the duplicate or facsimile. Legal teams can employ strategies such as notarization to ensure that the duplicate or facsimile is certified as accurate and reliable. By obtaining notarization, the legal team can avoid any challenges that may arise regarding the validity and accuracy of the evidence. A third strategic consideration is the readiness of the evidence. Legal teams must ensure that the duplicate or facsimile information or warrant is readily available and accessible to the courts. This means that the original and the duplicate must be preserved in such a way that will ensure easy access and retrieval. Lastly, legal teams must consider the conditions under which the evidence was obtained. The evidence must be obtained lawfully, and any related procedures must comply with the Criminal Code of Canada. The legal team must ensure that all procedures related to the duplicate or facsimile information or warrant followed all the relevant legislations and procedures. Once these strategic considerations have been taken into account, several strategies can be employed when dealing with this section of the Criminal Code of Canada. One such strategy is to ensure that all documentation related to the original and the duplicate is well organized and presented in court. This can be achieved by employing software or tools that streamline the organization and presentation of evidence. Another strategy is to include an expert witness to provide additional support to the facts presented in court. An expert who is knowledgeable in the documentation process and the handling of duplicate or facsimile evidence can provide stellar support during the legal proceedings. In conclusion, section 487.1(12) of the Criminal Code of Canada is a valuable tool for legal teams representing law enforcement agencies. Employing the right strategies and taking into account the strategic considerations mentioned above, legal teams can ensure that the evidence presented in court is accurate, reliable and authentic, and complies with all relevant legislations and procedures.