Production Orders in Criminal Proceedings Under the Criminal Code of Canada

Question: What is a Production Order under the Criminal Code of Canada, R.S.C. 1985, c. C-46?

Answer: A Production Order is a legal directive from a judge requiring entities like banks or telecoms to hand over documents relevant to criminal cases. They're crucial for accessing evidence critical to ensuring justice. Need intuitive legal guidance?

Answer: Contact Success.Legal for a free consultation and secure the evidence for your case.

What Is a Production Order Under the Criminal Code of Canada?

A Production Order is a court order issued by a judge that requires a person or organization to produce documents or other evidence related to an investigation or criminal prosecution.

What is a Production Order?

In criminal proceedings, production orders are a powerful tool used by the Crown to obtain evidence from third parties. Production orders are issued by the court and require a third party to produce documents or other materials relevant to the criminal proceedings. The documents or materials requested by the Crown must be related to the offence or the accused. Under the Criminal Code of Canada, production orders are used to obtain evidence from third parties such as banks, telecommunications companies, internet service providers, and other organizations. Production orders are also used to obtain documents such as emails, text messages, and other digital evidence.

What is the Purpose of a Production Order?

The purpose of production orders is to ensure that the Crown has access to all relevant evidence in the criminal proceedings. Production orders are used to gather evidence that may not be available to the Crown through other means. For example, a production order may be used to obtain evidence that is not readily available to the Crown, such as evidence held by a third party. In order for a production order to be issued, the Crown must demonstrate that the documents or materials requested are relevant to the criminal proceedings. The Crown must also demonstrate that the documents or materials are necessary for the proper administration of justice. When a production order is issued, the third party must comply with the order and produce the documents or materials requested by the Crown. If the third party fails to comply with the order, they may be held in contempt of court.

The Law

Summary Comment

Production orders are an important tool used by the Crown in criminal proceedings. They allow the Crown to obtain evidence that may not be available to them through other means. It is important that the Crown is able to access all relevant evidence in order to ensure a fair trial.