Assistance Orders: Difference between revisions
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==General Principles== | ==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. | |||
{{quotation| | {{quotation| | ||
'''Assistance order'''<br> | '''Assistance order'''<br> | ||
487.02 Where an authorization is given under section 184.2 | 487.02 Where an authorization is given under section 184.2 [''[[Consent Wiretaps|consent wiretap]]''], 184.3, 186 <nowiki>[</nowiki>[[Third Party Wiretaps|''wiretap'']]<nowiki>]</nowiki> or 188, a warrant is issued under this Act or an order is made under subsection 492.2(2) <nowiki>[</nowiki>[[Warrant for Transmission Data Recorder|''transmission data recorder warrant'']]<nowiki>]</nowiki>, 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. | ||
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1993, c. 40, s. 15; 1997, c. 18, s. 43.<Br> | 1993, c. 40, s. 15; 1997, c. 18, s. 43.<Br> | ||
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|[http://canlii.ca/t/7vf2#sec487.02 CCC] | |[http://canlii.ca/t/7vf2#sec487.02 CCC] | ||
}} | }} | ||
Assistance orders do not apply to production orders.<reF> | |||
Re Subscriber Information, [http://canlii.ca/t/gkldk 2015 ABPC 178] (CanLII){{perABPC|Henderson J}}, at para 46<br> | |||
</ref> | |||
Section 490.02 can be used to compel employees of an office to locate and gather items and provide them to police.<ref> | Section 490.02 can be used to compel employees of an office to locate and gather items and provide them to police.<ref> | ||
R v National Post, [http://canlii.ca/t/1g7fz 2004 CanLII 8048] (ON SC){{perONSC|Benotto J}}, at para 32<br> | R v National Post, [http://canlii.ca/t/1g7fz 2004 CanLII 8048] (ON SC){{perONSC|Benotto J}}, at para 32<br> | ||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
Revision as of 19:16, 13 December 2018
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]
- ↑
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