Transmission Data Production Orders

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General Principles

Section 487.016 concerns the ordering of production of transmission data. The form and content mirrors that of s. 487.017 concerning tracking data.

Production order — transmission data
487.016 (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 transmission 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 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 transmission 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.
Limitation
(4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.
2004, c. 3, s. 7; 2014, c. 31, s. 20.


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Requirements to Make the Order
Before a justice or judge can make an order they must be satisfied that:

  1. an offence has been (or will be) committed;
  2. the offence is any offence under the Criminal Code or federal legislation;
  3. the transmission data is in the possession or control of a person; and
  4. the transmission 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] Section 487.011 defines "judge" as "a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec".[3]

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."[4]

A peace officer is defined under s. 2.[5]

Transmission Data
Section 487.011 defines "transmission data":

Definitions
487.011 The following definitions apply in this section and in sections 487.012 to 487.0199.
...
data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)
...
transmission data means data that

(a) relates to the telecommunication functions of dialling, routing, addressing or signalling;
(b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and
(c) does not reveal the substance, meaning or purpose of the communication.

2004, c. 3, s. 7; 2014, c. 31, s. 20.


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Form of the Order
The order for production should use Form 5.007.[6]

  1. see s. 487.016(2)
  2. see Definition of Judicial Officers
  3. see s. 487.011
  4. see s. 487.011
  5. See Peace Officers
  6. see s. 487.016(3) "The order is to be in Form 5.007."

See Also