Telewarrants
General Principles
- Warrants, etc., by telecommunication
487.1 (1) Despite anything in this Act, the Attorney General, a peace officer or a public officer may, if they are permitted to apply for any of the following, submit their application by a means of telecommunication:
- (a) a warrant under subsection 83.222(1);
- (b) an order under subsection 83.223(1);
- (c) a warrant under subsection 117.04(1);
- (d) a warrant under subsection 164(1);
- (e) an order under subsection 164.1(1);
- (f) a warrant under subsection 320(1);
- (g) an order under subsection 320.1(1);
- (h) a warrant under subsection 320.29(1);
- (i) a warrant under subsection 395(1);
- (j) a warrant under subsection 462.32(1);
- (k) an order under subsection 462.33(3);
- (l) a warrant under subsection 487(1);
- (m) a warrant under subsection 487.01(1) that does not authorize the observation of a person by means of a television camera or other similar electronic device;
- (n) an extension under subsection 487.01(5.2);
- (o) an order under any of sections 487.013 to 487.018;
- (p) an order under subsection 487.019(3);
- (q) an order under subsection 487.0191(1);
- (r) an order under subsection 487.0191(4);
- (s) a warrant under subsection 487.05(1);
- (t) a warrant under subsection 487.092(1);
- (u) an order under subsection 487.3(1);
- (v) an order under subsection 487.3(4);
- (w) a warrant under subsection 492.1(1);
- (x) a warrant under subsection 492.1(2);
- (y) an authorization under subsection 492.1(7);
- (z) a warrant under subsection 492.2(1).
- Alternative to oath
(2) A person who must swear an oath in connection with an application submitted by a means of telecommunication that produces a writing may, instead of swearing the oath, make a statement in writing stating that all matters submitted in support of the application are true to their knowledge and belief, and the statement is deemed to be a statement made under oath.
- Certification
(3) A judicial officer who receives an application submitted by a means of telecommunication that produces a writing shall certify the application as to time and date of receipt.
- Limitation
(4) An application under subsection 487.01(5.2) shall not be submitted by a means of telecommunication that does not produce a writing.
- Application — telecommunication not producing writing
(5) An applicant may submit their application by a means of telecommunication that does not produce a writing only if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.
- Statement of circumstances
(6) 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
(7) 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.
- Certification
(8) A judicial officer 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 certify the record or a transcription of it as to time, date and contents.
- Limitation on issuance
(9) If an application is submitted by a means of telecommunication that does not produce a writing, the judicial officer shall not issue the warrant, order, extension or 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.
- Warrant, etc.
(10) A judicial officer who issues the warrant, order, extension or authorization may do so by a means of telecommunication, in which case
- (a) the judicial officer 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 judicial officer shall transmit a copy of the document to the applicant by that means; and
- (c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judicial officer, transcribe the document, noting on its face the name of the judicial officer as well as the time and date.
- Definitions
(11) The following definitions apply in this section.
judicial officer means a judge or justice who is authorized, under the applicable provision of this Act, to issue a warrant, order, extension or authorization referred to in subsection (1). (fonctionnaire judiciaire)
public officer 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. (fonctionnaire public)
R.S., 1985, c. 27 (1st Supp.), s. 69; 1992, c. 1, ss. 58, 59(E), 60(F); 1994, c. 44, s. 37; 2018, c. 21, s. 19; 2022, c. 17, s. 22
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