Telewarrants
| This page was last substantively updated or reviewed January 2023. (Rev. # 95966) |
General Principles
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]
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]
487.1