Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Warrant for transmission data recorder

• 492.2 (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed against this or any other Act of Parliament and that transmission data will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain the transmission data by means of a transmission data recorder.

• Marginal note:Scope of warrant

  (2) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the transmission data recorder, including covertly.

• Marginal note:Limitation

  (3) No warrant shall be issued under this section for the purpose of obtaining tracking data.

• Marginal note:Period of validity

  (4) Subject to subsection (5), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued.

• Marginal note:Period of validity — organized crime or terrorism offence

  (5) The warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to

  • (a) an offence under any of sections 467.11 to 467.13;

  • (b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or

  • (c) a terrorism offence.

• Marginal note:Execution in Canada

  (5.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

• Marginal note:Definitions

  (6) The following definitions apply in this section.

  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)

  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 or any other Act of Parliament. (fonctionnaire public)

  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)

  transmission data recorder

  transmission data recorder means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication. (enregistreur de données de transmission)

PART XV.1Unreasonable Delay

Definitions

Marginal note:Definitions

492.21 The following definitions apply in this Part.

court

court means a court seized of an application for a determination of unreasonable delay. (tribunal)

unreasonable delay

unreasonable delay means a delay that exceeds the reasonable time for a person charged with an offence to be tried in accordance with paragraph 11(b) of the Canadian Charter of Rights and Freedoms. (délai déraisonnable)

Jurisdiction

Marginal note:Jurisdiction not lost

492.22 A finding of unreasonable delay by a court in respect of any proceedings does not deprive a court seized with those proceedings of jurisdiction in respect of the offence, the accused or the offender.

Application

Marginal note:Stay of proceedings

492.23 A court shall not order a stay of proceedings as a result of a finding of unreasonable delay except in accordance with this Part.

Marginal note:Common law rules and principles

492.24 Rules and principles of the common law in respect of a determination of unreasonable delay continue to apply except insofar as they are altered by or are inconsistent with this Part.

Notice to Victims

Marginal note:Reasonable steps to inform

• 492.25 (1) If an application for a finding of unreasonable delay is filed with the court, the prosecutor shall, as soon as feasible, take reasonable steps to inform any victim of the offence referred to in the application of the filing of the application.

• Marginal note:Court to inquire if notice given

  (2) The court shall, at the time the application is heard, inquire of the prosecutor if reasonable steps were taken to inform the victims, if any, of the filing of the application.

• Marginal note:Notice of court’s decision

  (3) The prosecutor shall, as soon as feasible after a decision has been made on the application, take reasonable steps to inform the victims, if any, of the decision.

• Marginal note:Decision not precluded

  (4) The failure of the prosecutor to take reasonable steps to inform the victims, if any, of the application does not preclude the court from making a decision in respect of the application.

Case Complexity

Marginal note:Case complexity — factors

• 492.26 (1) In determining whether there has been or will be unreasonable delay, the court shall consider whether there are any relevant factors that contributed or will contribute to making the case complex.

• Marginal note:Applications and motions — factors

  (2) If the case involved or will involve applications or motions, either before, during or after the trial, the court shall also consider the following factors in assessing whether the case is complex:

  • (a) the number of applications or motions;

  • (b) whether any of the applications or motions required or will require scheduling court dates separately and in advance of trial dates;

  • (c) whether any adjournments were or will be required in order to complete the steps required by any of the applications or motions;

  • (d) whether more than one judicial decision was or will be needed to complete the steps required by any of the applications or motions

  • (e) the amount of cumulative court time that was or will be required to adjudicate the applications or motions;

  • (f) the need for trial continuation dates arising from the applications or motions that required more time than anticipated;

  • (g) the need for trial continuation dates arising from the applications or motions that were not scheduled in advance of the trial; and

  • (h) any factor that the court finds relevant in assessing the complexity of the applications or motions.

Days to Be Excluded

Marginal note:Exclusions — sexual offence proceedings

492.27 Subject to section 492.3, in determining whether there has been or will be unreasonable delay, the court shall not take into account any day within any of the following periods:

• (a) in respect of any application made under section 276.01, if a copy of the application was not filed with the clerk of the court at least 60 days before the hearing referred to in section 276.02,

  • (i) the period that consists of the cumulative number of days it took to hear the application, and

  • (ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not filed with the clerk of the court at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application;

• (b) in respect of any application made under section 278.12 or 278.21, if a copy of the application was not served at least 60 days before the hearing referred to in subsection 278.13(1) or 278.22(1) to the persons referred to in subsection 278.12(5) or 278.21(5),

  • (i) the period that consists of the cumulative number of days it took to hear the application, and

  • (ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not served at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application; and

• (c) in respect of any application made under section 278.3, if a copy of the application was not filed with the clerk of the court at least 60 days before the hearing referred to in section 278.31,

  • (i) the period that consists of the cumulative number of days it took to hear the application, and

  • (ii) any other period, as determined by the court, that is attributable to the fact that a copy of the application was not filed with the clerk of the court at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application.

Marginal note:Exclusions — Canada Evidence Act

492.28 Subject to section 492.3, in determining whether there has been or will be unreasonable delay, the court shall not take into account any day within any of the following periods:

• (a) in the case of an objection made under subsection 37(1) of the Canada Evidence Act before a superior court, the period that begins on the day the objection was made and ends on the day the objection was finally determined;

• (b) in the case where an objection was made under subsection 37(1) of that Act before a court, person or body other than a superior court and an application was made under subsection 37(3) of that Act in respect of the objection, the period that begins on the day the objection was made and ends on the day the application was finally determined;

• (c) in the case of an application made under subsection 38.04(1) or (2) of that Act in respect of a notice arising from the prosecution of the offence given under any of subsections 38.01(1) to (4) of that Act, the period that begins on the day the application was made and ends on the day the application was finally determined.

Marginal note:Exclusion — Canadian Security Intelligence Service Act

492.29 Subject to section 492.3, in determining whether there has been or will be unreasonable delay, the court shall not take into account any day within the period that begins on the day any application under subsection 18.1(4) of the Canadian Security Intelligence Service Act was made and ends on the day it was finally determined.

Marginal note:Actions not made in good faith

492.3 For greater certainty, in determining the days that are not to be taken into account in relation to applications or objections referred to in sections 492.27 to 492.29, the court shall take into account any frivolous or dilatory action, or any action not made in good faith, taken by the prosecutor, by counsel representing the Attorney General of Canada or by any person acting on behalf of the prosecutor or the Attorney General of Canada.

Alternative Remedies to Stay of Proceedings

Marginal note:Alternative remedies to be considered

• 492.31 (1) A court shall not order a stay of proceedings as a result of a finding of unreasonable delay unless it is satisfied that no other remedy would be appropriate and just in the circumstances.

• Marginal note:Factors to be considered

  (2) In determining whether a remedy other than a stay of proceedings is appropriate and just, the court shall take into account the following factors:

  • (a) the stage of the proceedings during which the finding of unreasonable delay is made or during which the delay became unreasonable;

  • (b) the impact that a stay of proceedings is likely to have on any victim of the offence;

  • (c) the prejudice that has been or would be suffered by the accused or offender as a result of unreasonable delay;

  • (d) the public’s confidence in the administration of justice; and

  • (e) the interest that society has in having a final decision on the merits.

PART XVICompelling Appearance of Accused Before a Justice and Interim Release

Interpretation

Marginal note:Definitions

493 In this Part,

accused

accused includes

• (a) a person to whom a peace officer has issued an appearance notice under section 497, and

• (b) a person arrested for a criminal offence; (prévenu)

appearance notice

appearance notice[Repealed, 2019, c. 25, s. 209]

judge

judge means

• (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

• (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

• (c) [Repealed, 1992, c. 51, s. 37]

• (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,

• (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

• (f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)

officer in charge

officer in charge[Repealed, 2019, c. 25, s. 209]

promise to appear

promise to appear[Repealed, 2019, c. 25, s. 209]

recognizance

recognizance[Repealed, 2019, c. 25, s. 209]

summons

summons[Repealed, 2019, c. 25, s. 209]

undertaking

undertaking[Repealed, 2019, c. 25, s. 209]

warrant

warrant, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)