Production Orders for Tracking Data
| This page was last substantively updated or reviewed January 2015. (Rev. # 95648) |
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General Principles
Section 487.017 permits a judge or justice to order the disclosures of "tracking data" (i.e. location data) records. The form and content mirrors that of s. 487.017 concerning "transmission data".
- Production order — tracking data
487.017 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing tracking data that is in their possession or control when they receive the order.
- Conditions for making order
(2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 [forms] that there are reasonable grounds to suspect that
- (a) an offence has been or will be committed under this or any other Act of Parliament; and
- (b) the tracking data is in the person’s possession or control and will assist in the investigation of the offence.
- Form
(3) The order is to be in Form 5.007 [forms].
- Limitation
(4) A person who is under investigation for the offence referred to in subsection (2) [production of tracking data order – conditions for making order] may not be made subject to an order.
2004, c. 3, s. 7; 2014, c. 31, s. 20.
[annotation(s) added]
- Requirements to Make the Order
Before a justice or judge can make an order they must be satisfied that:
- an offence has been (or will be) committed;
- the offence is any offence under the Criminal Code or federal legislation;
- the tracking data is in the possession or control of a person; and
- the tracking data "will assist in the investigation of the offence".
The standard of proof is "reasonable grounds to suspect."[1]
- Judge or Justice
The reference in s. 487.011 to "justice or judge" will refer to a justice of the peace, provincial court judge or a superior court judge.[2]
- Public Official or Peace Officer
Under s. 487.011, "public official" 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."[3]
Section 2 defines a "peace officer."[4]
- Tracking Data
Section 487.011 defines "tracking data":
- Definitions
487.011 The following definitions apply in this section and in sections 487.012 to 487.0199 [preservation and production orders relating to data].
...
"tracking data" means data that relates to the location of a transaction, individual or thing.
...
2004, c. 3, s. 7; 2014, c. 31, s. 20.
[annotation(s) added]
- Form of the Order
The order for production should use Form 5.007.[5]
- ↑
see s. 487.017(2)
- ↑ see Definition of Judicial Officers and Offices
- ↑ see s. 487.011
- ↑ See Peace Officers
- ↑ see s. 487.017(3) "The order is to be in Form 5.007."