NCJ Number
88634
Date Published
1983
Length
299 pages
Annotation
This report canvasses the law on electronic surveillance in Canada and also looks at laws affecting other dimensions of police surveillance in the country, including the use of informers, questionable data collection activities, and mail openings.
Abstract
The book describes the mechanics and structure of the legislation on electronic surveillance and analyzes case law pertaining to its application up to January 1982. Of particular interest are laws covering police surveillance powers along with privacy and intelligence gathering rules. The law also covers fundamental concepts, such as consent concerns, and procedural elements, including voir dire and related aspects of proof at trial. The critical evaluation brings out defects in the legislation and suggests remedies in judicial standards, authorization provisions, evidence admissibility, and procedural matters (i.e., notice and reporting provisions, discovery, disclosure, etc.). Appendixes include a summary of major recommendations, provisions of American surveillance laws, and an index. Numerous footnotes are included.