History of Intercept Authorizations
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One-Party Consent Authorization
Old Version Prior to 2023
- Application by means of telecommunication
184.3 (1) Notwithstanding section 184.2 [one-party consent wiretap], an application for an authorization under subsection 184.2(2) [one-party consent wiretap – content of application] may be made ex parte to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 [definitions - judges], by telephone or other means of telecommunication, if it would be impracticable in the circumstances for the applicant to appear personally before a judge.
- Application
(2) An application for an authorization made under this section shall be on oath and shall be accompanied by a statement that includes the matters referred to in paragraphs 184.2(2)(a) to (e) [one-party consent wiretap – content of application – all requirements] and that states the circumstances that make it impracticable for the applicant to appear personally before a judge.
- Recording
(3) The judge shall record, in writing or otherwise, the application for an authorization made under this section and, on determination of the application, shall cause the writing or recording to be placed in the packet referred to in subsection 187(1) [manner in which application to be kept secret] and sealed in that packet, and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187 [provisions re sealing wiretap records].
- Oath
(4) For the purposes of subsection (2) [one-party consent wiretap by telewarrant – manner of application], an oath may be administered by telephone or other means of telecommunication.
- Alternative to oath
(5) An applicant who uses a means of telecommunication that produces a writing may, instead of swearing an oath for the purposes of subsection (2) [one-party consent wiretap by telewarrant – manner of application], make a statement in writing stating that all matters contained in the application are true to the knowledge or belief of the applicant and such a statement shall be deemed to be a statement made under oath.
- Authorization
(6) Where the judge to whom an application is made under this section is satisfied that the circumstances referred to in paragraphs 184.2(3)(a) to (c) [one-party consent wiretap – enumerated grounds] exist and that the circumstances referred to in subsection (2) [one-party consent wiretap by telewarrant – manner of application] make it impracticable for the applicant to appear personally before a judge, the judge may, on such terms and conditions, if any, as are considered advisable, give an authorization by telephone or other means of telecommunication for a period of up to thirty-six hours.
- Giving authorization
(7) Where a judge gives an authorization by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,
- (a) the judge shall complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;
- (b) the applicant shall, on the direction of the judge, complete a facsimile of the authorization in writing, noting on its face the name of the judge who gave it and the time, date and place at which it was given; and
- (c) the judge shall, as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) [manner in which application to be kept secret] and sealed in that packet.
- Giving authorization where telecommunication produces writing
(8) Where a judge gives an authorization by a means of telecommunication that produces a writing, the judge shall
- (a) complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;
- (b) transmit the authorization by the means of telecommunication to the applicant, and the copy received by the applicant shall be deemed to be a facsimile referred to in paragraph (7)(b) [one-party consent wiretap by telewarrant – content of authorization]; and
- (c) as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) [manner in which application to be kept secret] and sealed in that packet.
1993, c. 40, s. 4.
[annotation(s) added]
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