View source for Production Orders for Tracking Data

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==General Principles==
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".

{{quotation3|
; Production order —  tracking data
487.017 (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 tracking 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 {{AnnSec|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 tracking 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 {{AnnSec|Form 5.007}}.
<br>
; Limitation
(4) A person who is under investigation for the offence referred to in subsection (2) {{AnnSec4|487.017(2)}} may not be made subject to an order.
<br>
{{LegHistory00s|2004, c. 3}}, s. 7; 
{{LegHistory10s|2014, c. 31}}, s. 20.
{{Annotation}}
|[{{CCCSec|487.017}} CCC]
|{{NoteUp|487.017|1|2|3|4}}
|{{terms-
|"Act" (s. 2)
|"person" (s. 2)
|"public officer" (s. 2)
|[[Definition_of_Judicial_Officers_and_Offices#.22Justice.22|"justice" (s. 2)]]
}}
}}

; 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".<ref>
see s. 487.017(2)<br>
</ref>

; 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.<ref>
see [[Definition of Judicial Officers and Offices]]
</ref>

; 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."<ref>
see s. 487.011
</ref>

Section 2 defines a "peace officer".<ref>
See [[Peace Officers]]
</ref>

; Tracking Data
Section 487.011 defines "tracking data":
{{quotation2|
; Definitions
487.011 The following definitions apply in this section and in sections 487.012 to 487.0199 {{AnnSec4|487.012 to 487.0199}}.<br>
{{ellipsis}}
'''"tracking data"''' means data that relates to the location of a transaction, individual or thing. <br>
{{ellipsis}}
{{LegHistory00s|2004, c. 3}}, s. 7; {{LegHistory10s|2014, c. 31}}, s. 20.
{{Annotation}}
|[{{CCCSec|487.011}} CCC]
|{{NoteUp|487.011}}
}}

; Form of the Order
The order for production should use Form 5.007.<ref>
see s. 487.017(3) "The order is to be in Form 5.007."
</ref>

{{reflist|2}}

==See Also==
* [[Tracking Warrant]]
* [[Trace Specified Communications Production Orders]]
* [[Transmission Data Production Orders]]