Production Orders for Tracking Data: Difference between revisions
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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". | 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. | 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 that there are reasonable grounds to suspect that | (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 | :(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. | :(b) the tracking data is in the person’s possession or control and will assist in the investigation of the offence. | ||
; Form | ; Form | ||
(3) The order is to be in Form 5.007. | (3) The order is to be in Form 5.007 {{AnnSec|Form 5.007}}. | ||
<br> | <br> | ||
; Limitation | ; Limitation | ||
(4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. | (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> | <br> | ||
2004, c. 3, s. 7; 2014, c. 31, s. 20. | {{LegHistory00s|2004, c. 3}}, s. 7; | ||
| | {{LegHistory10s|2014, c. 31}}, s. 20. | ||
{{Annotation}} | |||
|{{CCCSec2|487.017}} | |||
|{{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)]] | |||
}} | |||
}} | }} | ||
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# the tracking data "will assist in the investigation of the offence". | # the tracking data "will assist in the investigation of the offence". | ||
The standard of proof is "reasonable grounds to suspect" | The standard of proof is "reasonable grounds to suspect."<ref> | ||
see s. 487.017(2)<br> | see s. 487.017(2)<br> | ||
</ref> | </ref> | ||
| Line 45: | Line 55: | ||
</ref> | </ref> | ||
Section 2 defines a "peace officer."<ref> | |||
See [[Peace Officers]] | See [[Peace Officers]] | ||
</ref> | </ref> | ||
| Line 51: | Line 61: | ||
; Tracking Data | ; Tracking Data | ||
Section 487.011 defines "tracking data": | Section 487.011 defines "tracking data": | ||
{{ | {{quotation2| | ||
; Definitions | ; Definitions | ||
487.011 The following definitions apply in this section and in sections 487.012 to 487.0199. | 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. | '''"tracking data"''' means data that relates to the location of a transaction, individual or thing. <br> | ||
<br> | {{ellipsis}} | ||
{{LegHistory00s|2004, c. 3}}, s. 7; {{LegHistory10s|2014, c. 31}}, s. 20. | |||
2004, c. 3, s. 7; 2014, c. 31, s. 20. | {{Annotation}} | ||
|{{CCCSec2|487.011}} | |||
| | |{{NoteUp|487.011}} | ||
}} | }} | ||
; Form of the Order | |||
The order for production should use Form 5.007.<ref> | The order for production should use Form 5.007.<ref> | ||
see s. 487.017(3) "The order is to be in Form 5.007." | see s. 487.017(3) "The order is to be in Form 5.007." | ||
Latest revision as of 07:04, 23 July 2024
| This page was last substantively updated or reviewed January 2015. (Rev. # 95648) |
- < Search and Seizure
- < Warrant Searches
- < Production Orders
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".
- 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 [forms] 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 [forms].
- Limitation
(4) A person who is under investigation for the offence referred to in subsection (2) [production of tracking data order – conditions for making order] may not be made subject to an order.
2004, c. 3, s. 7; 2014, c. 31, s. 20.
[annotation(s) added]
- 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."[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]
- 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."[3]
Section 2 defines a "peace officer."[4]
- Tracking Data
Section 487.011 defines "tracking data":
- Definitions
487.011 The following definitions apply in this section and in sections 487.012 to 487.0199 [preservation and production orders relating to data].
...
"tracking data" means data that relates to the location of a transaction, individual or thing.
...
2004, c. 3, s. 7; 2014, c. 31, s. 20.
[annotation(s) added]
- Form of the Order
The order for production should use Form 5.007.[5]
- ↑
see s. 487.017(2)
- ↑ see Definition of Judicial Officers and Offices
- ↑ see s. 487.011
- ↑ See Peace Officers
- ↑ see s. 487.017(3) "The order is to be in Form 5.007."