Assistance Orders: Difference between revisions
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487.02 If an authorization is given under section 184.2, 184.3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada. | |||
2007, c. 22, s. 7; 2008, c. 18, s. 12 | |||
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Revision as of 10:32, 14 September 2019
General Principles
An assistance order is a form of supplementary authorization that is a companion to primary authorization. It permits police to compel the participation of persons in the execution of the primary authorization, which will usually be search warrant but could also include arrest warrant.
- Assistance order
487.02 Where an authorization is given under section 184.2 [consent wiretap], 184.3, 186 [wiretap] or 188, a warrant is issued under this Act or an order is made under subsection 492.2(2) [transmission data recorder warrant], the judge or justice who gives the authorization, issues the warrant or makes the order may order any person to provide assistance, where the person’s assistance may reasonably be considered to be required to give effect to the authorization, warrant or order.
1993, c. 40, s. 15; 1997, c. 18, s. 43.
[annotations added]
– CCC
Assistance orders do not apply to production orders.[1]
Section 490.02 can be used to compel employees of an office to locate and gather items and provide them to police.[2]
An assistance order can be used to require a telco to disclose subscriber information in company with a s. 492.2 order for a transmission data recorder.[3]
- ↑
Re Subscriber Information, 2015 ABPC 178 (CanLII), per Henderson J, at para 46
- ↑
R v National Post, 2004 CanLII 8048 (ON SC), per Benotto J, at para 32
- ↑ R v Telus, 2015 ONSC 3072 (CanLII), per Nordheimer J
Pending Amendment
- Assistance order
487.02 If an authorization is given under section 184.2, 184.3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada. 2007, c. 22, s. 7; 2008, c. 18, s. 12