Transmission Data Production Orders: Difference between revisions
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Section 487.016 concerns the ordering of production of transmission data. The form and content mirrors that of s. 487.017 concerning tracking data. | Section 487.016 concerns the ordering of production of transmission data. The form and content mirrors that of s. 487.017 concerning tracking data. | ||
{{ | {{quotation2| | ||
; 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. | 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. | ||
<br> | <br> | ||
; 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 5.007}} 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 transmission data is in the person’s possession or control and will assist in the investigation of the offence. | :(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. | (3) The order is to be in Form 5.007 {{AnnSec|Form 5.007}}. | ||
<br> | <br> | ||
; 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|487.016(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|487.016}} | |||
|{{NoteUp|487.016|1|2|3|4}} | |||
}} | }} | ||
; Requirements to Make the Order | |||
Before a justice or judge can make an order they must be satisfied that: | Before a justice or judge can make an order they must be satisfied that: | ||
# an offence has been (or will be) committed; | # an offence has been (or will be) committed; | ||
# the offence is any offence under the Criminal Code or federal legislation; | # the offence is any offence under the ''Criminal Code'' or federal legislation; | ||
# the transmission data is in the possession or control of a person; and | # the transmission data is in the possession or control of a person; and | ||
# the transmission data "will assist in the investigation of the offence". | # the transmission 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. 487.016(2)<br> | see s. 487.016(2)<br> | ||
</ref> | </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> | 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]] | see [[Definition of Judicial Officers and Offices]] | ||
</ref> Section 487.011 defines "judge" as "a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec" | </ref> | ||
Section 487.011 defines "judge" as "a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec."<ref> | |||
see s. 487.011 | see s. 487.011 | ||
</ref> | </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> | 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 | see s. 487.011 | ||
</ref> | </ref> | ||
A peace officer is defined under s. 2.< | A peace officer is defined under s. 2.<ref> | ||
See [[Peace Officers]] | See [[Peace Officers]] | ||
</ref> | </ref> | ||
; Transmission Data | |||
Section 487.011 defines "transmission data": | Section 487.011 defines "transmission data": | ||
{{ | {{quotation2| | ||
; 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}} | |||
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) | '''"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)<br> | ||
<br> | {{ellipsis}} | ||
'''"transmission"''' data means data that | |||
transmission data means data that | |||
:(a) relates to the telecommunication functions of dialling, routing, addressing or signalling; | :(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 | :(b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2) {{AnnSec3|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. | :(c) does not reveal the substance, meaning or purpose of the communication. | ||
2004, c. 3, s. 7; 2014, c. 31, s. 20. | {{LegHistory00s|2004, c. 3}}, s. 7; | ||
{{LegHistory10s|2014, c. 31}}, s. 20. | |||
| | {{Annotation}} | ||
|{{CCCSec2|487.011}} | |||
|{{NoteUp|487.011}} | |||
}} | }} | ||
; Form of the Order | |||
The order for production should use Form 5.007.< | The order for production should use Form 5.007.<ref> | ||
see s. 487.016(3) "The order is to be in Form 5.007." | see s. 487.016(3) "The order is to be in Form 5.007." | ||
</ref> | </ref> | ||
Latest revision as of 10:33, 26 July 2024
| This page was last substantively updated or reviewed January 2015. (Rev. # 95939) |
- < Search and Seizure
- < Warrant Searches
- < Production Orders
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 [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 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 [forms].
- Limitation
(4) A person who is under investigation for the offence referred to in subsection (2) [production of transmission 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 transmission data is in the possession or control of a person; and
- 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 [preservation and production orders relating to data].
...
"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) [unauthorized use of computer – definitions], 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.
[annotation(s) added]
- Form of the Order
The order for production should use Form 5.007.[6]
- ↑
see s. 487.016(2)
- ↑ see Definition of Judicial Officers and Offices
- ↑ see s. 487.011
- ↑ see s. 487.011
- ↑ See Peace Officers
- ↑ see s. 487.016(3) "The order is to be in Form 5.007."