|This page was last substantively updated or reviewed January 2015. (Rev. # 84359)|
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".
- 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".
- 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.
- 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."
Section 2 defines a "peace officer".
- Tracking Data
Section 487.011 defines "tracking data":
- Form of the Order
The order for production should use Form 5.007.