INTRODUCTION AND BRIEF DESCRIPTION

This section allows for courts to handle electronic documents in accordance with the law or court rules.

SECTION WORDING

842 Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with the rules of court.

EXPLANATION

Section 842 of the Criminal Code of Canada allows for electronic documents to be used and managed in criminal court proceedings, so long as it is done in accordance with an Act or the rules of the court. With advancements in technology, this section acknowledges that electronic documents may now be just as relevant and reliable as physical, paper documents. The provision is particularly useful in the digital age, as it allows for easier storage, transfer and dissemination of important documents that are frequently required during criminal court proceedings. This can result in a significant reduction in the time and resources needed to manage such documentation, making the justice system more efficient and streamlined. Electronic documents can include but are not limited to, emails, text messages, social media posts, phone records, and digital photographs. Allowing for electronic documents to be used provides prosecutors and defense counsels with essential information to build their case, and also makes it easier for them to present it in a clear and concise manner. It is worth noting that while electronic documents can be highly effective, there are concerns regarding the risks of tampering and forgery. As such, the use of electronic documents in legal proceedings is typically accompanied by strict rules for their handling and preservation, which are designed to minimize the risk of tampering. Overall, section 842 demonstrates Canada's commitment to keeping up with technological advancements, and ensuring that the justice system remains relevant and effective in the digital age.

COMMENTARY

Section 842 of the Criminal Code of Canada is a crucial provision that allows Canadian courts to deal with electronic documents in a manner that is compatible with contemporary technology and modern communication practices. The provision empowers courts to create, collect, receive, store, transfer, distribute, publish, or otherwise deal with electronic documents in accordance with an Act or court rules, without any hindrance or inhibition based on the traditional paper-based format. The provision is a positive development in modernizing Canada's legal system and aligning it to emerging global trends. As technology continues to evolve, electronic communication has become widespread, and society has grown increasingly reliant on electronic documents. Hence, the inclusion of this provision in the Criminal Code arises from the need to integrate technology and electronic communication into the justice system to ensure the efficient operation of courts and to enhance access to justice. The section ensures that courts comply with legislative requirements, and any electronic document used as evidence is admissible in court proceedings. Accordingly, this provision facilitates the use of technology to access justice and accelerate the pace at which justice is delivered. However, incorporating electronic documents in court proceedings requires the development of legal frameworks to ensure the integrity, privacy, security, and authentication of such documents. As such, it is important to ensure that technological tools are secure, reliable, and meet the necessary standards and certifications to guarantee the confidentiality and protection of personal information. The use of electronic documents raises concerns surrounding the tampering, alteration, or deletion of such documents. To address these challenges, Canadian court rules are streamlined to provide guidance on how to handle electronic documents in court proceedings. Similarly, section 842 does not substitute traditional forms of communication but instead recognizes that electronic documents are essential in contemporary communication. The provision does not limit the use of paper-based documents; however, with the advancement of technology, the use of electronic documents in court proceedings is more efficient, cost-effective, and environmentally friendly. In conclusion, section 842 of the Criminal Code of Canada is a step towards aligning the justice system with modern technology by providing the legal framework for dealing with electronic documents in court proceedings. The provision allows for the creation, collection, storage, transferance, and distribution of electronic documents, as long as it is done following the relevant court rules. Nevertheless, electronic communication comes with its challenges, requiring a robust legal framework that ensures privacy, security, authentication, and reliability of electronic documents. This provision enables Canadian courts to cope with emerging trends in electronic communications while ensuring the proper administration of justice. It facilitates the efficient and effective dispensation of justice, promotes accessibility, and reduces cost in court proceedings. Hence, this provision has provided a legal basis to drive innovation and modernization within the Canada's justice system.

STRATEGY

Section 842 of the Criminal Code of Canada provides a legal framework for dealing with electronic documents. This section recognizes the increasing role played by technology in legal practice and sets out guidelines for the use of electronic documents in the court system. Before dealing with this section, it is important to understand the strategic considerations and strategies that could be employed. One strategic consideration when dealing with Section 842 is information security. Electronic documents are susceptible to loss, theft, and tampering. Thus, practitioners must ensure that the electronic documents being used in court are secure. This consideration can be addressed by employing secure technology, such as encryption, password protection, and digital signatures. Additionally, practitioners must ensure that they have backups of their electronic documents in case of loss or destruction. Another strategic consideration when dealing with Section 842 is the admissibility of electronic documents in court. The court may require that the electronic documents presented are the original documents and not copies or altered in any way. Practitioners must ensure that they have the ability to prove the authenticity of their electronic documents, such as by providing metadata or using hash values to prove the chain of custody. To ensure that practitioners deal with Section 842 effectively, several strategies can be employed: 1. Implement a document management system: Practitioners can employ a document management system to ensure that electronic documents are organized, secure, and easily accessible. This system can also help practitioners manage the authenticity of their electronic documents. 2. Use secure technology: Practitioners can use secure technology to ensure that electronic documents are protected and tamper-proof. They can use password protection, digital signatures, and encryption technology to make their electronic documents more secure. 3. Have backups: Practitioners must have backups of their electronic documents in case of loss or destruction. This can be done by saving the documents in multiple locations, such as on secure cloud-based storage platforms. 4. Follow court rules: Practitioners must follow the rules of court when dealing with electronic documents. They must ensure that they have complied with the provisions of the Criminal Code of Canada and other relevant Acts governing the use of electronic documents. 5. Work with IT professionals: Practitioners can work with IT professionals to ensure that their electronic documents are secure and admissible in court. IT professionals can provide guidance on secure technology and document management systems. In conclusion, Section 842 of the Criminal Code of Canada provides a legal framework for dealing with electronic documents. Practitioners must consider information security and the admissibility of electronic documents when handling this section. Several strategies can be employed, such as using secure technology, implementing a document management system, and working with IT professionals. By implementing these strategies, practitioners can ensure that their electronic documents are secure, admissible, and contribute to the administration of justice.