Criminal Code

Marginal note:Disclosure of information received from interception of radio-based telephone communications

• 193.1 (1) Every person who wilfully uses or discloses a radio-based telephone communication or who wilfully discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, if

  • (a) the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made;

  • (b) the communication was intercepted by means of an electromagnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of the communication or of the person intended by the originator to receive the communication; and

  • (c) the person does not have the express or implied consent of the originator of the communication or of the person intended by the originator to receive the communication.

• Marginal note:Other provisions to apply

  (2) Subsections 193(2) and (3) apply, with such modifications as the circumstances require, to disclosures of radio-based telephone communications.