NCJ Number
201322
Date Published
2001
Length
22 pages
Annotation
This document discusses the requirements of judicially authorized interception of private communications by the Royal Canadian Mounted Police (RCMP), provincial, and municipal police forces.
Abstract
The report also contains information related to certain Criminal Code offenses that occurred in the Northwest Territories, Nunavut, or Yukon, as well as offenses that meet either of the requirements set out in Section II of the Security Offenses Act. Section II provides an overview of the key procedural requirements of Part VI of the Criminal Code. This provision came into force on July 1, 1974, and protects the privacy of Canadians by making it an offense to intercept private communications except as provided for by law, while providing the police with the means to obtain judicial authorizations to conduct electronic surveillance to assist in criminal investigations. One key feature is that a police investigator must swear an affidavit deposing to the facts relied upon to justify the belief that an authorization or warrant should be given. Another feature is that an agent designated by the Solicitor General is responsible for ensuring that all matters relating to the application comply with the law, and that the matter is serious enough to warrant the application. A final key feature is that the judge, when considering the application, must be satisfied that granting the authorization would be in the best interests of the administration of justice. Section III presents data provided by agents of the Solicitor General that are designated pursuant to the Criminal Code and information contained in the operational reports of police forces that requested that applications be made for authorized interception. Section IV provides a general assessment of the importance of electronic surveillance for the investigation, detection, prevention, and prosecution of offenses in Canada. 8 tables, 5 figures, 2 appendices