INTRODUCTION AND BRIEF DESCRIPTION
A peace officer executing a warrant issued by telephone or other telecommunication means must affix a facsimile of the warrant in a prominent place in the unoccupied place or premises.
SECTION WORDING
487.1(8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication, other than a warrant issued pursuant to subsection 256(1), shall, on entering the place or premises or as soon as practicable thereafter, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.
EXPLANATION
Section 487.1(8) of the Criminal Code of Canada pertains to the execution of warrants by peace officers for search and seizure of evidence of criminal activity. The purpose of this section is to specify the requirement that a facsimile of the warrant be suitably affixed in a prominent place within the premises that has been searched, in the case where the warrant was issued by telephone or other means of telecommunication. The section applies specifically to unoccupied places or premises, meaning that it does not apply if the premises are occupied at the time the warrant is executed. The provision applies to any warrant issued by telephone or other means of telecommunication, except for warrants issued pursuant to subsection 256(1), which is an exception and is not covered by this requirement. The requirement to affix a facsimile of the warrant in a prominent place within the premises is meant to serve as a proper record of the warrant's execution and to ensure accountability for the actions of the peace officer. Affixing the facsimile of the warrant in a prominent place ensures that anyone who enters the premises is aware that a search and seizure has occurred, and that it was done lawfully under the authority of a warrant. The language of the provision is clear and unambiguous, providing a straightforward requirement for peace officers to comply with when executing warrants issued by telephone or other means of telecommunication. Failure to affix a facsimile of the warrant in a prominent place could result in evidence obtained being deemed inadmissible in court, which could impact the prosecution's case. In summary, section 487.1(8) of the Criminal Code of Canada is an important requirement for the lawful execution of search and seizure warrants by peace officers. It provides clear guidance and accountability for the actions of peace officers and ensures that the rights of individuals are respected during the search and seizure process.
COMMENTARY
Section 487.1(8) of the Criminal Code of Canada is a provision that outlines the responsibilities of a peace officer when it comes to executing a warrant that has been issued by telephone or other means of telecommunication. The primary aim of this section is to ensure that the peace officer executes the warrant in a manner that is consistent with the law and does not infringe upon the rights of the individuals involved. The section requires the peace officer to cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises that is being searched. This requirement is meant to serve as a form of notification to the individuals involved that a warrant has been issued and is being executed. It is also a measure to ensure that the peace officer has a record of the warrant and can provide proof that it was properly executed. The use of telecommunication to issue warrants is a relatively new development in Canadian law enforcement and has been necessitated by the increasing sophistication of criminal activity in the modern era. The use of telecommunication enables the issuance of warrants in a more efficient and timely manner, which is essential in cases where time is of the essence. However, the use of telecommunication also raises concerns about the potential for abuse of power and violations of individuals' rights. The requirement for the facsimile of the warrant to be suitably affixed in a prominent place within the premises being searched is an important safeguard against potential abuses of power. It is a clear indication to the individuals involved that their rights are being respected and that the peace officer is acting within the law. This provision ensures that the peace officer is held accountable for their actions and that there is a record of the warrant being executed. The provision also serves as a reminder of the importance of due process in law enforcement. The fact that even in the case of a warrant issued by telephone or other means of telecommunication, there is a requirement for the facsimile of the warrant to be suitably affixed in a prominent place within the premises being searched, reinforces the importance of the rule of law and the principles of fairness and transparency in our justice system. In addition to the requirement to affix the facsimile of the warrant, the section also requires the peace officer to execute the warrant in a manner that is consistent with the law and does not infringe upon the rights of the individuals involved. This requirement is crucial as it ensures that the peace officer is acting within the parameters of the law and is not engaging in illegal or unethical behavior. Overall, section 487.1(8) of the Criminal Code of Canada is an important provision that reflects the need to ensure that law enforcement agencies are held accountable for their actions. The requirement to affix the facsimile of the warrant in a prominent place within the premises being searched is a crucial safeguard against potential abuses of power and violations of individuals' rights. It serves as a reminder of the importance of due process and the need to ensure that our justice system operates in a fair and transparent manner.
STRATEGY
Section 487.1(8) of the Criminal Code of Canada sets out a requirement for peace officers executing a warrant issued by telephone or other means of telecommunication in unoccupied places or premises. Specifically, they must ensure that a facsimile of the warrant is suitably affixed in a prominent place within the premises. Failure to comply with this requirement can lead to legal challenges to the validity of the warrant, potential evidence suppression, and even disciplinary action against the officer. Strategic considerations when dealing with this section of the Criminal Code must take into account the potential consequences of non-compliance. As such, it is important for police officers to be aware of this requirement and to take steps to ensure that it is met. One strategy that could be employed is to establish clear policies and procedures within police departments that outline the steps that must be taken when executing a warrant in an unoccupied place or premises. This could include specific instructions on how and where to affix the facsimile of the warrant, as well as timelines for doing so. Another strategy could be to provide training to police officers on the requirements of Section 487.1(8) and the consequences of non-compliance. This training could include practical exercises that simulate scenarios in which officers must execute a warrant and affix the facsimile in a prominent place. Furthermore, police officers could consider establishing relationships with property owners or landlords of unoccupied premises in order to ensure that they are aware of the need for a facsimile of the warrant to be affixed in a prominent place. Finally, it is important to note that compliance with Section 487.1(8) serves not only to avoid legal challenges to the validity of a warrant but also to maintain public trust in law enforcement. Therefore, it is in the best interest of police officers to take this requirement seriously and to ensure that it is met in all cases where a warrant is executed in an unoccupied place or premises.