Criminal Law Notebook

Judicial Authorization Chart

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Authorization Type of Offences Type of Judicial Officer Zone of Privacy Type of Evidence Targeted Requirements Features / Limitations
Section 487 Search Warrants (487) Criminal Code or "any other Act of Parliament" "justice" (JP or PCJ) "building, receptacle or place" "anything" The judicial officer is satisfied there are "reasonable grounds to believe" that:
  • there is a "building, receptacle or place" and that a thing will
1) afford evidence of a crime (including identity of culprit)
2) be used in commission of crime or
3) be the subject of a crime
  • can permit night search (s. 488)
  • can permit Telewarrant (487.1)
  • can access and extract data from a computer system (487(2.1))
  • can impose a duty upon person in possession or control of computer device to assist (487(2.2))
General Warrants (487.01) Criminal Code or "any other Act of Parliament" "provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552" "a person or a person’s property" "information concerning the offence" obtainable by "use any device or investigative technique or procedure or do any thing" The judicial officer has "reasonable grounds to believe":
1) an offence has been or will be committed and information concerning the offence will be obtained through the use of the technique, procedure or device or doing of the thing;
2) It is in the best interests of the administration of justice; and
3) There is no other provision that would provide for the warrant, authorization or order permitting the technique to be done.
 * notice required after execution (487.01(5.1))
  • extensions up to 3 years
  • custom limitations (487.01(3) and (4))
Firearms Warrant

(117.04(1))

none. Only requires interests of "safety". "justice" (JP or PCJ) "building, receptacle or place" "weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance" The judicial officer has "reasonable grounds to believe":
1) the persons possesses the target of the search;
2) that possession is "not desirable in the interest of the safety of the person, any other persons"
 * No underlying offence needed.
  • Report to justice required after seizure
  • Telewarrant available (487.1)
Authorization Type of Offences Type of Judicial Officer Zone of Privacy Type of Evidence Targeted Requirements Features / Limitations
Obscene materials

(164)

none "judge" of a "court" as defined in s. 164(8) (SCJ) "premises within the jurisdiction of the court" "copies of a recording, a publication, a representation or any written material" the judicial officer has "reasonable grounds to believe" the thing to be searched for is:
1) within the jurisdiction of the court

"2) is a voyeuristic recording, initimate image obscene "crime comic", is child pornography, or an advertisement for sexual services.

The judge has power to summons the homeowner to respond to possible forfeiture (164(2)).
Consent Wiretaps

(184.2)

Criminal Code or "any other Act of Parliament" "provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552" (PCJ, SCJ) "private communications" "information concerning the offence" the judge must be satisfied that:
1) there is RG to believe an offence "has been or will be committed";
2) one party to the communication has consented to the interception;
3) there is RG to believe that "information concerning the offence ... will be obtained through the interception"
Wiretaps

(185 and 186)

"offence" within meaning of s. 183, see List of Designated Wiretap Eligible Offences "judge" (SCJ) "private communications" not mentioned The judge must be satisfied that:
1) it is in the "best interests of the administration of justice" to make the order
2) "other investigative procedures have been tried and have failed... Are unlikely to succeed or the urgency of the matter [renders other investigative procedures] ...impractical", except when it relates to an organized crime investigation or terrorism offence as listed in 186(1.1).

In addition it is necessary that:

The wiretap is renewable under s. 186(6) and (7).

All documents relating to the application are kept sealed (187)

Authorization Type of Offences Type of Judicial Officer Zone of Privacy Type of Evidence Targeted Requirements Features / Limitations
Blood Sample Warrants in Conveyance Investigations

(320.29)

"justice" (JP or PCJ) "a person" "samples of a person’s blood" The judicial officer has:
1) there are reasonable grounds to believe that the person has, within the preceding eight hours, operated a conveyance that was involved in an accident that resulted in bodily harm to themselves or another person or in the death of another person
2) reasonable grounds to suspect that the person has alcohol or a drug in their body; and
3) qualified medical practitioner is of the opinion
a) the person is unable to consent to the taking of samples of their blood, and
b) the taking of samples of the person’s blood will not endanger their health.
 Sec. 320.29 permits a warrant to be obtained by Telewarrant under 487.1. {{{7}}}
Proceeds of Crime

(462.32)

"designated offence" under s. 462.3 "judge" as defined in s. 462.3 (SCJ) "building, receptacle or place" "any property in respect of which an order for forfeiture may be made under" s. 462.37(1), (2.01) or 462.38(2) The judicial officer has "reasonable grounds to believe":
1) there is "any building, receptacle or place, within the porcine in which the judge has jurisdiction or any other province," within which the item may be found;
2) the item is "in respect of a designated offence alleged to have been committed"


DNA Sample (487.05) a "designated offence" within the meaning of s. 487.04 "provincial court judge" at the "place where the offence was committed", "on or within the body of the victim of the offence", "on anything worn or carried by the victim at the time when the offence was committed", or

"on or within the body of any person or thing or at any place associated with the commission of the offence".

"bodily substance" The judicial officer has "reasonable grounds" to believe:
1) a "designated offence" has been committed;
2) a "bodily substance has been found or obtained"
a) at the place where the offence was committed
b) on or within the body of the victim of the offence;
c) on anything worn or carried by the victim at the time when the offence was committed; or
d) on or within the body of any person or thing or at any place associated with the commissions of the offence;
3) that a person was a party to the offence; and,
4) the forensic DNA analysis of a bodily substance from the person "will provide evidence about whether the bodily substance...was from that person"
5) it is in the "best interests of the administration of justice" to authorize the taking of the sample:
6) the sample are "reasonably required for [the purpose of DNA analysis]"

Considerations should include:

  • " the nature of the designated offence and the circumstances of its commission"
  • whether there is a peace officer (or a person under the supervision of the peace officer) trained and experienced in taking bodily samples from the person
 S. 487.05(3) permits telewarrants.
Authorization Type of Offences Type of Judicial Officer Zone of Privacy Type of Evidence Targeted Requirements Features / Limitations
Hate Propaganda Warrants (320) None "judge" (PCJ) "premises within the jurisdiction of the court" "hate propaganda" The judicial officer has "reasonable grounds" to believe:
  1. there are "publications" kept in a "premises"
  2. the publications were for "sale or distribution";
  3. the premises are within the jurisdiction of the court;
  4. the publication is "hate propaganda".
Gambling and Bawdy-house Warrants

(199)

an "offence under section 201, 202, 203, 206, 207 or 210" "justice" (JP) "any place within the jurisdiction of the justice" "evidence that an offence under section 201, 202, 203, 206, 207 or 210, as the case may be, is being committed at that place" The judicial officer has "reasonable grounds to believe" that:
  1. an offence under section 201, 202, 203, 206, 207 or 210 "is being committed"
  2. the offence is being committed in a "place within the jurisdiction of the justice"
 must be a "peace officer" who does search. Search can be done "by day or night". Permits "peace officer" "to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law".
Searches Intruding on Solicitor-Client Privilege

(488.1)

same as those listed in 487 same as those listed in 487 "law office" "documents" S. 488.1 was found to be unconstitutional in R v Lavalee, 2003 SCC 67.
Authorization Type of Offences Type of Judicial Officer Zone of Privacy Type of Evidence Targeted Requirements Features / Limitations
Protection of Journalist Records and Sources

(488.01)

Tracking Warrant

(492.1)

Criminal Code or "any other Act of Parliament" "justice or judge" (JP or PCJ) "location" or "movement" "location of one or more transactions or the location or movement of a thing" The judicial officer has "reasonable grounds to suspect" that:
  1. an "offence has been or will be committed"
  2. "tracking the location of one or more transactions or the location or movement of a thing .. will assist in the investigation of the offence"
Transmission Data Recorder

(492.2) [was Dialed Number Recorder]

Criminal Code or "any other Act of Parliament" "justice" or "judge" (JP or PCJ) "transmission data" "transmission data" obtainable by means of a "transmission data recorder" The judicial officer has "reasonable grounds to suspect" that:
  • an offence "has been" or "will be" committed against any federal Act and
  • the transmission will assist in the investigation of the offence
Authorization Type of Offences Type of Judicial Officer Zone of Privacy Type of Evidence Targeted Requirements Features / Limitations
Bodily Impressions Warrants

(487.092)

Criminal Code or "any other Act of Parliament" "justice" (JP) person's body "handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any of the body in respect of a person" The judicial officer is "satisfied" that:
  • there are "reasonable grounds to believe" that an offence under a federal Act has been committed and the information concerning the offence will be obtained by the print or impression; and
  • that it is in the best interests of the administration of justice to issue the warrant.
 Search must be performed by a "peace officer"
Drug Offences

(11 CDSA)

Offence under the Controlled Drugs and Substances Act or s. 354 or 462.31 of the Criminal Code "justice" (JP or PCJ) a "place" "controlled substance, precursor, property or thing" The judicial officer has "reasonable grounds to believe" that:
  1. a "controlled substance or precursor in respect of which this Act has been contravened" is in a place;
  2. a "controlled substance or precursor" is contained or concealed in a place;
  3. "offence-related property" is in a place; or
  4. "any thing that will afford evidence in respect of an offence under this Act or an offence, in whole or in part in relation to a contravention of this Act, under section 354 or 462.31 of the Criminal Code" is in a place
Warrants to Seize Explosives

(492)

Any offence subject to a search under s. 487 or 487.1 "judge of a superior court" (SCJ) see s. 487 and 487.1 "explosive substance" The person performing the search "suspects" that the item:
  1. is an "explosive substance";
  2. is "intended to be used for an unlawful purpose"
Authorization Type of Offences Type of Judicial Officer Zone of Privacy Type of Evidence Targeted Requirements Features / Limitations
Entry for Arrest

(529, 529.1)

Criminal Code or "any other Act of Parliament" "judge or justice" (PCJ or SCJ) "dwelling-house" Person subject to Arrest Warrant The judicial officer has "reasonable grounds to believe that the person [subject to an arrest warrant] is or will be present in the dwelling-house."

No-knock entry (s. 529.4)
Telewarrant 529.5
Under s. 529(2), "the peace officer may not enter the dwelling-house unless the peace officer has, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house."
Any "reasonable terms" permitted (529.2)

General Production Orders

(487.014)

Criminal Code or "any other Act of Parliament" a "justice or judge" information found in the document that is in possession of a person a "document" The judicial officer has "reasonable grounds to believe" that:
  1. "an offence has been or will be committed under this or any other Act of Parliament"; and
  2. "the document or data is in the person’s possession or control and will afford evidence respecting the commission of the offence."
 The application can be made by a "peace officer or public officer".
Assistance Order(487.02) Criminal Code or "any other Act of Parliament" a "judge or justice" Varies Varies That "assistance may reasonably be considered to be required to give effect to the authorization"
Authorization Type of Offences Type of Judicial Officer Zone of Privacy Type of Evidence Targeted Requirements Features / Limitations
Trace Specified Communications Production Orders

(487.015)

Criminal Code or "any other Act of Parliament" a "justice or judge" information a "document containing transmission data" "identifying a device or person involved in the transmission of a communication" The judicial officer has "reasonable grounds to suspect" that:
  1. "an offence has been or will be committed under this or any other Act of Parliament";
  2. "the identification of a device or person involved in the transmission of a communication will assist in the investigation of the offence"; and
  3. "transmission data that is in the possession or control of one or more persons whose identity is unknown when the application is made will enable that identification."
Transmission Data Production Orders

(487.016)

Criminal Code or "any other Act of Parliament" a "justice or judge" information "a document containing transmission data" The judicial officer has "reasonable grounds to suspect" that:
  1. "an offence has been or will be committed under this or any other Act of Parliament"; and
  2. "the transmission data is in the person’s possession or control and will assist in the investigation of the offence."
 Only a "peace officer" or "public officer" can apply.
Production Orders for Tracking Data

(487.017)

Criminal Code or "any other Act of Parliament" a "justice or judge" information "a document containing tracking data" The judicial officer has "reasonable grounds to suspect" that:
  1. "an offence has been or will be committed under this or any other Act of Parliament"; and
  2. "the tracking data is in the person’s possession or control and will assist in the investigation of the offence."
Authorization Type of Offences Type of Judicial Officer Zone of Privacy Type of Evidence Targeted Requirements Features / Limitations
Production Orders for Financial Data

(487.018)

Criminal Code or "any other Act of Parliament" a "justice or judge" information "a document ... in their possession or control" containing:
  1. "either the account number of a person named in the order or the name of a person whose account number is specified in the order";
  2. "the type of account";
  3. "the status of the account";
  4. "the date on which it was opened or closed";
  5. "the date of birth of a person who is named or whose account number is specified in the order";
  6. "that person’s current address"; and
  7. "any previous addresses of that person."
 The judicial officer must have "reasonable grounds to suspect" that:
  1. "an offence has been or will be committed under this or any other Act of Parliament"; and
  2. "the data is in the possession or control of the institution, person or entity and will assist in the investigation of the offence."
 Only a "peace officer" or "public officer" can apply.


See Also

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