Production Orders

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General Principles

A Production Order is a judicial authorization that compels a person, including a organization, to disclose documents and records to an authorized peace officer.

Compared to Search Warrants
A production order cannot be used to circumvent standard search warrant to invade privacy of an accused.[1]

Procedure
Unlike warrants there is no need for the filing of a report to justice upon seizing records.

History
On March 9, 2015, Protecting Canadians from Online Crime Act 2014, c. 31 (Bill C-13) came into force re-drafting the production order provisions. General production orders moved from 487.012 to 487.014, 487.013 to 487.018.[2]

Section 487.012 and 487.013 (pre-2015) came into force September 15, 2004.[3]

Types of Production Orders

Production by Consent

Where documents are voluntarily and lawfully provided to a peace officer who is executing his duties, there is no need for a production order.[1]

Section 25 protects those acting in authority from criminal liability.[2]

Sealing Orders

Costs

A company that is subject to a production order will normally have to bear the costs involved with producing the records. [1]

The authorizing justice does not have power to order that the target of the production order be compensated for the cost associated with compliance.[2]

  1. Canada (Attorney General) v Pacific International Securities Inc., 2006 BCCA 303 (CanLII)
  2. Tele-Mobile Co. v Ontario, [2008] 1 SCR 305, 2008 SCC 12 (CanLII)

See Also