Transmission Data Production Orders
| This page was last substantively updated or reviewed January 2015. (Rev. # 84796) |
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General Principles
Section 487.016 concerns the ordering of production of transmission data. The form and content mirrors that of s. 487.017 concerning tracking data.
- Production order — transmission data
487.016 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing transmission data that is in their possession or control when they receive the order.
- Conditions for making order
(2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 [forms] that there are reasonable grounds to suspect that
- (a) an offence has been or will be committed under this or any other Act of Parliament; and
- (b) the transmission data is in the person’s possession or control and will assist in the investigation of the offence.
- Form
(3) The order is to be in Form 5.007 [forms].
- Limitation
(4) A person who is under investigation for the offence referred to in subsection (2) [production of transmission data order – conditions for making order] may not be made subject to an order.
2004, c. 3, s. 7; 2014, c. 31, s. 20.
[annotation(s) added]
- Requirements to Make the Order
Before a justice or judge can make an order they must be satisfied that:
- an offence has been (or will be) committed;
- the offence is any offence under the Criminal Code or federal legislation;
- the transmission data is in the possession or control of a person; and
- the transmission data "will assist in the investigation of the offence".
The standard of proof is "reasonable grounds to suspect".[1]
- Judge or Justice
The reference in s. 487.011 to "justice or judge" will refer to a justice of the peace, provincial court judge or a superior court judge.[2] Section 487.011 defines "judge" as "a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec".[3]
- Public Official or Peace Officer
Under s. 487.011, "public official" 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."[4]
A peace officer is defined under s. 2.[5]
- Transmission Data
Section 487.011 defines "transmission data":
- Definitions
487.011 The following definitions apply in this section and in sections 487.012 to 487.0199 [preservation and production orders relating to data].
...
"data" means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)
...
"transmission" data means data that
- (a) relates to the telecommunication functions of dialling, routing, addressing or signalling;
- (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2) [unauthorized use of computer – definitions], in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and
- (c) does not reveal the substance, meaning or purpose of the communication.
2004, c. 3, s. 7; 2014, c. 31, s. 20.
[annotation(s) added]
- Form of the Order
The order for production should use Form 5.007.[6]
- ↑
see s. 487.016(2)
- ↑ see Definition of Judicial Officers and Offices
- ↑ see s. 487.011
- ↑ see s. 487.011
- ↑ See Peace Officers
- ↑ see s. 487.016(3) "The order is to be in Form 5.007."