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. | An assistance order is a form of supplementary authorization that is a companion to primary authorization, usually an authorization under s. 487 or 492.2(2). 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. | ||
The combination of the primary warrant with an assistance order can "be used ... to effectively require a third person to deliver items to the police."<ref> | |||
{{CanLIIRP|National Post|1g7fz|2004 CanLII 8048 (ON SC)|19 CR (6th) 393}}{{perONSC|Benotto J}} | |||
</ref> | |||
{{quotation2| | {{quotation2| | ||
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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> | ||
{{ | {{supra1|National Post}}{{atL|1g7fz|32}}<br> | ||
</ref> | </ref> | ||
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.<ref> | 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.<ref> | ||
{{CanLIIR|Telus|gj0bt|2015 ONSC 3072 (CanLII)}}{{perONSC|Nordheimer J}} | {{CanLIIR|Telus|gj0bt|2015 ONSC 3072 (CanLII)}}{{perONSC|Nordheimer J}} | ||
</ref> | |||
The order cannot be used to force an accused to unlock his phone as it would force an accused to incriminate himself contrary to s. 7 of the Charter.<ref> | |||
{{CanLIIRx|Talbot|hp2fw|2017 ONCJ 814 (CanLII)}}{{perONCJ|Applegate J}} | |||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
Revision as of 11:21, 31 May 2021
General Principles
An assistance order is a form of supplementary authorization that is a companion to primary authorization, usually an authorization under s. 487 or 492.2(2). 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.
The combination of the primary warrant with an assistance order can "be used ... to effectively require a third person to deliver items to the police."[1]
- Assistance order
487.02 If an authorization is given under section 184.2 [one-party consent wiretap], 184.3 [one-party consent wiretap by telewarrant], 186 [authorization of wiretap] or 188 [emergency wiretaps] 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.
1993, c. 40, s. 15; 1997, c. 18, s. 43; 2014, c. 31, s. 20; 2019, c. 25, s. 195.
[annotation(s) added]
Assistance orders do not apply to production orders.[2]
Section 490.02 can be used to compel employees of an office to locate and gather items and provide them to police.[3]
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.[4]
The order cannot be used to force an accused to unlock his phone as it would force an accused to incriminate himself contrary to s. 7 of the Charter.[5]
- ↑ R v National Post, 2004 CanLII 8048 (ON SC), 19 CR (6th) 393, per Benotto J
- ↑
Re Subscriber Information, 2015 ABPC 178 (CanLII), per Henderson J, at para 46
- ↑
National Post, supra, at para 32
- ↑ R v Telus, 2015 ONSC 3072 (CanLII), per Nordheimer J
- ↑ R v Talbot, 2017 ONCJ 814 (CanLII), per Applegate J