Intercept Application by Telewarrant

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General Principles

Application — telecommunication producing writing

184.‍3 (1) A person who is permitted to make one of the following applications may submit their application by a means of telecommunication that produces a writing:

(a) an application for an authorization under subsection 184.‍2(2) [one-party consent wiretap – content of application], 185(1) [requirements for a 186 wiretap], 186(5.‍2) or 188(1) [emergency wiretaps – process];

(b) an application for an extension under subsection 185(2) [requirements for a 186 wiretap – power to extend notice period], 196(2) [suspension while extension application pending] or 196.‍1(2) [suspension while extension application pending];

(c) an application to renew an authorization under subsection 186(6) [authorization of wiretap – renewal].

Sealing

(2) A judge who receives an application submitted by a means of telecommunication that produces a writing shall, immediately on the determination of the application, cause it to be placed and sealed in the packet referred to in subsection 187(1) [manner in which application to be kept secret].

Application — telecommunication not producing writing

(3) Despite anything in section 184.‍2 [one-party consent wiretap] or 188 [emergency wiretaps], a person who is permitted to make an application for an authorization under subsection 184.‍2(2) or 188(1) may submit their application by a means of telecommunication that does not produce a writing if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.

Statement of circumstances

(4) An application submitted by a means of telecommunication that does not produce a writing shall include a statement of the circumstances that make it impracticable to submit the application by a means of telecommunication that produces a writing.

Oath

(5) Any oath required in connection with an application submitted by a means of telecommunication that does not produce a writing may be administered by a means of telecommunication.

Recording and sealing

(6) A judge who receives an application submitted by a means of telecommunication that does not produce a writing shall record the application verbatim, in writing or otherwise, and shall, immediately on the determination of the application, cause the writing or recording to be placed and sealed in the packet referred to in subsection 187(1) [manner in which application to be kept secret], 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].

Limitation

(7) If an application is submitted by a means of telecommunication that does not produce a writing, the judge shall not give the authorization unless he or she is satisfied that the application discloses reasonable grounds for dispensing with its submission by a means of telecommunication that produces a writing.

Giving authorization, etc.

(8) A judge who gives the authorization, extension or renewal may do so by a means of telecommunication, in which case

(a) the judge shall complete and sign the document in question, noting on its face the time and date;

(b) if the means of telecommunication produces a writing, the judge shall transmit a copy of the document to the applicant by that means;

(c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judge, transcribe the document, noting on its face the name of the judge as well as the time and date; and

(d) the judge shall, immediately after the authorization, extension or renewal is given, cause the document to be placed and sealed in the packet referred to in subsection 187(1) [manner in which application to be kept secret].

1993, c. 40, s. 4; 2022, c. 17, s. 6.
[annotation(s) added]

– CCC (CanLII), (DOJ)

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