Telewarrants

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2023. (Rev. # 92850)

General Principles

See also: Telewarrants (Until 2022)

Section 487.1 permits an authorized applicant to apply for a warrant remotely as opposed to the standard method of applying in person. The section also outlines the requirements and procedure to make a remote application.

Applicable Authorizations
Warrants, etc., by telecommunication

487.1 (1) Despite anything in this Act, the Attorney General, a peace officer or a public officer may, if they are permitted to apply for any of the following, submit their application by a means of telecommunication:

(a) a warrant under subsection 83.222(1) [counselling commission of terrorism offence – warrant of seizure];
(b) an order under subsection 83.223(1) [order to computer system's custodian];
(c) a warrant under subsection 117.04(1) [application for warrant to search and seizure];
(d) a warrant under subsection 164(1) [warrant of seizure for obscene materials, intimaite images, advertisement of sexual services, child pornography, or voyeurism materials];
(e) an order under subsection 164.1(1) [Forfeiture Order for Computer-related Property];
(f) a warrant under subsection 320(1) [warrant of seizure];
(g) an order under subsection 320.1(1) [warrant of seizure];
(h) a warrant under subsection 320.29(1) [warrants to obtain blood samples];
(i) a warrant under subsection 395(1) [search warrant for valuable minerals];
(j) a warrant under subsection 462.32(1) [authorization re seizure of proceeds of crime];
(k) an order under subsection 462.33(3) [application for restraint order – requirements for granting order];
(l) a warrant under subsection 487(1) [territorial search warrants – requirements];
(m) a warrant under subsection 487.01(1) [general warrants – requirements for authorization] that does not authorize the observation of a person by means of a television camera or other similar electronic device;
(n) an extension under subsection 487.01(5.2) [general warrants – extension of period for giving notice];
(o) an order under any of sections 487.013 to 487.018 [provisions on production orders];
(p) an order under subsection 487.019(3) [conditions in preservation and production orders – power to revoke or vary order];
(q) an order under subsection 487.0191(1) [order prohibiting disclosure of preservation or production orders];
(r) an order under subsection 487.0191(4) [order prohibiting disclosure – application to revoke or vary order];
(s) a warrant under subsection 487.05(1) [information for warrant to take bodily substances for forensic DNA analysis – reasonable grounds];
(t) a warrant under subsection 487.092(1) [information for impression warrant];
(u) an order under subsection 487.3(1) [sealing order in relation to warrants];
(v) an order under subsection 487.3(4) [variation of sealing order];
(w) a warrant under subsection 492.1(1) [tracking warrants – transactions and things];
(x) a warrant under subsection 492.1(2) [tracking warrants – individuals];
(y) an authorization under subsection 492.1(7) [tracking warrant – removal after expiry of warrant];
(z) a warrant under subsection 492.2(1) [warrant for transmission data recorder].

[omitted (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11)]
R.S., 1985, c. 27 (1st Supp.), s. 69; 1992, c. 1, ss. 58, 59(E), 60(F); 1994, c. 44, s. 37; 2018, c. 21, s. 19; 2022, c. 17, s. 22
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 487.1(1)



487.1
[omitted (1)]

Alternative to oath

(2) A person who must swear an oath in connection with an application submitted by a means of telecommunication that produces a writing may, instead of swearing the oath, make a statement in writing stating that all matters submitted in support of the application are true to their knowledge and belief, and the statement is deemed to be a statement made under oath.

Certification

(3) A judicial officer who receives an application submitted by a means of telecommunication that produces a writing shall certify the application as to time and date of receipt.

Limitation

(4) An application under subsection 487.01(5.2) [general warrants – extension of period for giving notice] shall not be submitted by a means of telecommunication that does not produce a writing.

Application — telecommunication not producing writing

(5) An applicant may submit their application by a means of telecommunication that does not produce a writing only if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.

Statement of circumstances

(6) An application submitted by a means of telecommunication that does not produce a writing shall include a statement of the circumstances that make it impracticable to submit the application by a means of telecommunication that produces a writing.

Oath

(7) Any oath required in connection with an application submitted by a means of telecommunication that does not produce a writing may be administered by a means of telecommunication.

Certification

(8) A judicial officer who receives an application submitted by a means of telecommunication that does not produce a writing shall record the application verbatim, in writing or otherwise, and certify the record or a transcription of it as to time, date and contents.

Limitation on issuance

(9) If an application is submitted by a means of telecommunication that does not produce a writing, the judicial officer shall not issue the warrant, order, extension or authorization unless he or she is satisfied that the application discloses reasonable grounds for dispensing with its submission by a means of telecommunication that produces a writing.

Warrant, etc.

(10) A judicial officer who issues the warrant, order, extension or authorization may do so by a means of telecommunication, in which case

(a) the judicial officer shall complete and sign the document in question, noting on its face the time and date;
(b) if the means of telecommunication produces a writing, the judicial officer shall transmit a copy of the document to the applicant by that means; and
(c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judicial officer, transcribe the document, noting on its face the name of the judicial officer as well as the time and date.
Definitions

(11) The following definitions apply in this section.

"judicial officer" means a judge or justice who is authorized, under the applicable provision of this Act, to issue a warrant, order, extension or authorization referred to in subsection (1). (fonctionnaire judiciaire)

"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 Act or any other Act of Parliament. (fonctionnaire public)

R.S., 1985, c. 27 (1st Supp.), s. 69; 1992, c. 1, ss. 58, 59(E), 60(F); 1994, c. 44, s. 37; 2018, c. 21, s. 19; 2022, c. 17, s. 22
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 487.1(2), (3), (4), (5), (6), (7), (8), (9), (10), and (11)



487.1