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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART XVSpecial Procedure and Powers (continued)

General Powers of Certain Officials (continued)

Marginal note:Information for general warrant

  •  (1) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a warrant in writing authorizing a peace officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person’s property if

    • (a) the judge is satisfied by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed and that information concerning the offence will be obtained through the use of the technique, procedure or device or the doing of the thing;

    • (b) the judge is satisfied that it is in the best interests of the administration of justice to issue the warrant; and

    • (c) there is no other provision in this or any other Act of Parliament that would provide for a warrant, authorization or order permitting the technique, procedure or device to be used or the thing to be done.

  • Marginal note:Limitation

    (2) Nothing in subsection (1) shall be construed as to permit interference with the bodily integrity of any person.

  • Marginal note:Search or seizure to be reasonable

    (3) A warrant issued under subsection (1) shall contain such terms and conditions as the judge considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

  • Marginal note:Video surveillance

    (4) A warrant issued under subsection (1) that authorizes a peace officer to observe, by means of a television camera or other similar electronic device, any person who is engaged in activity in circumstances in which the person has a reasonable expectation of privacy shall contain such terms and conditions as the judge considers advisable to ensure that the privacy of the person or of any other person is respected as much as possible.

  • Marginal note:Other provisions to apply

    (5) The definition offence in section 183 and sections 183.1, 184.2, 184.3 and 185 to 188.2, subsection 189(5), and sections 190, 193 and 194 to 196 apply, with such modifications as the circumstances require, to a warrant referred to in subsection (4) as though references in those provisions to interceptions of private communications were read as references to observations by peace officers by means of television cameras or similar electronic devices of activities in circumstances in which persons had reasonable expectations of privacy.

  • Marginal note:Notice after covert entry

    (5.1) A warrant issued under subsection (1) that authorizes a peace officer to enter and search a place covertly shall require, as part of the terms and conditions referred to in subsection (3), that notice of the entry and search be given within any time after the execution of the warrant that the judge considers reasonable in the circumstances.

  • Marginal note:Extension of period for giving notice

    (5.2) Where the judge who issues a warrant under subsection (1) or any other judge having jurisdiction to issue such a warrant is, on the basis of an affidavit submitted in support of an application to vary the period within which the notice referred to in subsection (5.1) is to be given, is satisfied that the interests of justice warrant the granting of the application, the judge may grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

  • Marginal note:Provisions to apply

    (6) Subsections 487(2) and (4) apply, with such modifications as the circumstances require, to a warrant issued under subsection (1).

  • Marginal note:Telewarrant provisions to apply

    (7) Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

  • 1993, c. 40, s. 15
  • 1997, c. 18, s. 42, c. 23, s. 13

Marginal note:Definitions

 The following definitions apply in this section and in sections 487.012 to 487.0199.

computer data

computer data has the same meaning as in subsection 342.1(2). (données informatiques)

data

data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)

document

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

judge

judge means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. (juge)

public officer

public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament. (fonctionnaire public)

tracking data

tracking data means data that relates to the location of a transaction, individual or thing. (données de localisation)

transmission data

transmission data means data that

  • (a) relates to the telecommunication functions of dialling, routing, addressing or signalling;

  • (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and

  • (c) does not reveal the substance, meaning or purpose of the communication. (données de transmission)

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Preservation demand

  •  (1) A peace officer or public officer may make a demand to a person in Form 5.001 requiring them to preserve computer data that is in their possession or control when the demand is made.

  • Marginal note:Conditions for making demand

    (2) The peace officer or public officer may make the demand only if they have reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament or has been committed under a law of a foreign state;

    • (b) in the case of an offence committed under a law of a foreign state, an investigation is being conducted by a person or authority with responsibility in that state for the investigation of such offences; and

    • (c) the computer data is in the person’s possession or control and will assist in the investigation of the offence.

  • Marginal note:Limitation

    (3) A demand may not be made to a person who is under investigation for the offence referred to in paragraph (2)(a).

  • Marginal note:Expiry and revocation of demand

    (4) A peace officer or public officer may revoke the demand by notice given to the person at any time. Unless the demand is revoked earlier, the demand expires

    • (a) in the case of an offence that has been or will be committed under this or any other Act of Parliament, 21 days after the day on which it is made; and

    • (b) in the case of an offence committed under a law of a foreign state, 90 days after the day on which it is made.

  • Marginal note:Conditions in demand

    (5) The peace officer or public officer who makes the demand may impose any conditions in the demand that they consider appropriate  — including conditions prohibiting the disclosure of its existence or some or all of its contents  — and may revoke a condition at any time by notice given to the person.

  • Marginal note:No further demand

    (6) A peace officer or public officer may not make another demand requiring the person to preserve the same computer data in connection with the investigation.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Preservation order — computer data

  •  (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to preserve computer data that is in their possession or control when they receive the order.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.002

    • (a) that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament or has been committed under a law of a foreign state, that the computer data is in the person’s possession or control and that it will assist in the investigation of the offence; and

    • (b) that a peace officer or public officer intends to apply or has applied for a warrant or an order in connection with the investigation to obtain a document that contains the computer data.

  • Marginal note:Offence against law of foreign state

    (3) If an offence has been committed under a law of a foreign state, the justice or judge must also be satisfied that a person or authority with responsibility in that state for the investigation of such offences is conducting the investigation.

  • Marginal note:Form

    (4) The order is to be in Form 5.003.

  • Marginal note:Limitation

    (5) A person who is under investigation for an offence referred to in paragraph (2)(a) may not be made subject to an order.

  • Marginal note:Expiry of order

    (6) Unless the order is revoked earlier, it expires 90 days after the day on which it is made.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20
 
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