Tableau des autorisations judiciaires
Authorization | Type of Offences | Type of Judicial Officer | Zone of Privacy | Type of Evidence Targeted | Requirements | Features / Limitations |
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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:
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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":
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* notice required after execution (487.01(5.1))
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Firearms Warrant | 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":
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* No underlying offence needed.
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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:
"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:
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Wiretaps | "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:
In addition it is necessary that:
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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:
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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":
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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:
Considerations should include:
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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:
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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:
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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) |
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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:
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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:
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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:
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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:
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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:
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Authorization | Type of Offences | Type of Judicial Officer | Zone of Privacy | Type of Evidence Targeted | Requirements | Features / Limitations |
Entry for Arrest | 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) |
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:
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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:
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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:
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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:
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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:
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The judicial officer must have "reasonable grounds to suspect" that:
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Only a "peace officer" or "public officer" can apply.
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Voir également
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