Basic Search

Marginal note:Definitions

• 2 (1) In this Act,

  agreement

  agreement  means

  • (a) a treaty, convention or other international agreement that is in force, to which Canada is a party and that contains a provision respecting mutual legal assistance in criminal matters, or

  • (b) to the extent of their application to criminal investigations or prosecutions and except for the purposes of Parts II and III of this Act, the Convention on Mutual Administrative Assistance in Tax Matters, concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol or other international instrument, as ratified by Canada, or a comprehensive tax information exchange agreement that has effect and to which Canada is a party or a tax treaty, as defined in subsection 248(1) of the Income Tax Act; (accord)

  International Criminal Court

  International Criminal Court  means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act; (Cour pénale internationale)

  record

  record means a medium on which data is registered or marked; (document)

  state or entity

  state or entity  means

  • [...]

  • (b) an international criminal court or tribunal, the name of which appears in the schedule. (État ou entité)

[...]

Marginal note:Sending abroad

• 22.04 (1) If the justice or judge makes an order in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code, the justice or judge must also order

  • (a) that the person designated in the order send a record containing the data directly to the state or entity that made the request under subsection 22.02(1); or

• (2) The person designated in the order must

  • (a) make a report concerning the execution of the order to the justice or judge who made it  —  or to another justice for the same territorial division or another judge in the judicial district where the order was made  —  accompanied by a general description of the data contained in the record obtained under the order and, if the justice or judge requires it, a record containing the data; and

• Marginal note:Timing of report and sending abroad

  (3) If the justice or judge makes an order under paragraph (1)(a), the person designated in the order must make the report to the justice or judge and send a record containing the data to the state or entity that made the request no later than five days after the day on which such a record is obtained under the order.

[...]

Marginal note:Approval of request to obtain production

• 22.02 (1) If the Minister approves a request of a state or entity to obtain an order under this Act made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code to require the production of a record containing data, the Minister must provide a competent authority with any documents or information necessary to apply for the order.

• Marginal note:Application for orders

  (2) The competent authority must apply ex parte for an order made in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code to a justice as defined in section 2 of the Criminal Code, a judge of a superior court of criminal jurisdiction as defined in that section or a judge of the Court of Quebec.

[...]

Marginal note:Issuance of search warrant

• [...]

• Marginal note:Contents of warrant

  (4) A search warrant issued under subsection (1) may be in Form 5 in Part XXVIII of the Criminal Code, varied to suit the case, and must

  • [...]

  • (b) state that, at that hearing, an order will be sought for the sending to the state or entity of the records or things seized in execution of the warrant; and

  • (c) state that every person from whom a record or thing is seized in execution of the warrant and any person who claims to have an interest in a record or thing so seized has the right to make representations at the hearing before any order is made concerning the record or thing.

[...]

Marginal note:Order in respect of evidence

• 79 (1) A judge may, for the purposes of acquiring evidence for a request for extradition, on the ex parte application of a competent authority, make any order that is necessary to

  • [...]

  • (b) secure the production as evidence of data that is recorded in any form;

  • (c) receive and record the evidence; and

• Marginal note:Part XXII of the Criminal Code to apply

  (2) Part XXII of the Criminal Code applies, with any modifications that the circumstances require, to orders under subsection (1).