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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2023-03-20 and last amended on 2023-01-16. Previous Versions

PART XVSpecial Procedure and Powers (continued)

Forensic DNA Analysis (continued)

Marginal note:Information for impression warrant

  •  (1) A justice may issue a warrant in writing authorizing a peace officer to do any thing, or cause any thing to be done under the direction of the peace officer, described in the warrant in order to obtain any handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body in respect of a person if the justice is satisfied

    • (a) by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been committed and that information concerning the offence will be obtained by the print or impression; and

    • (b) that it is in the best interests of the administration of justice to issue the warrant.

  • Marginal note:Search or seizure to be reasonable

    (2) A warrant issued under subsection (1) shall contain such terms and conditions as the justice considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

  • Marginal note:Execution in Canada

    (3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

  • (4) [Repealed, 2022, c. 17, s. 21]

Other Provisions Respecting Warrants and Orders

Marginal note:Duty of person executing certain warrants

  •  (1) A person who executes a warrant issued under subsection 117.04(1), 199(1), 395(1) or 487(1) shall, during that execution,

    • (a) give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched:

      • (i) a copy of the warrant, and

      • (ii) a notice in Form 5.1 setting out the address of the court before which anything seized during the execution may be brought or from which a copy of a report on anything so seized may be obtained;

    • (b) affix the copy and the notice in a prominent location within the building or place or on or next to the receptacle, if there is no person present and ostensibly in control of the building, receptacle or place; or

    • (c) give the copy and the notice to the person to be searched, if the warrant is issued under subsection 395(1) for the search of a person.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if the warrant authorizes the search of anything that is detained under this Act after it has been lawfully seized.

Marginal note:Warrants, etc., by telecommunication

  •  (1) Despite anything in this Act, the Attorney General, a peace officer or a public officer may, if they are permitted to apply for any of the following, submit their application by a means of telecommunication:

    • (a) a warrant under subsection 83.222(1);

    • (b) an order under subsection 83.223(1);

    • (c) a warrant under subsection 117.04(1);

    • (d) a warrant under subsection 164(1);

    • (e) an order under subsection 164.1(1);

    • (f) a warrant under subsection 320(1);

    • (g) an order under subsection 320.1(1);

    • (h) a warrant under subsection 320.29(1);

    • (i) a warrant under subsection 395(1);

    • (j) a warrant under subsection 462.32(1);

    • (k) an order under subsection 462.33(3);

    • (l) a warrant under subsection 487(1);

    • (m) a warrant under subsection 487.01(1) that does not authorize the observation of a person by means of a television camera or other similar electronic device;

    • (n) an extension under subsection 487.01(5.2);

    • (o) an order under any of sections 487.013 to 487.018;

    • (p) an order under subsection 487.019(3);

    • (q) an order under subsection 487.0191(1);

    • (r) an order under subsection 487.0191(4);

    • (s) a warrant under subsection 487.05(1);

    • (t) a warrant under subsection 487.092(1);

    • (u) an order under subsection 487.3(1);

    • (v) an order under subsection 487.3(4);

    • (w) a warrant under subsection 492.1(1);

    • (x) a warrant under subsection 492.1(2);

    • (y) an authorization under subsection 492.1(7);

    • (z) a warrant under subsection 492.2(1).

  • Marginal note:Alternative to oath

    (2) A person who must swear an oath in connection with an application submitted by a means of telecommunication that produces a writing may, instead of swearing the oath, make a statement in writing stating that all matters submitted in support of the application are true to their knowledge and belief, and the statement is deemed to be a statement made under oath.

  • Marginal note:Certification

    (3) A judicial officer who receives an application submitted by a means of telecommunication that produces a writing shall certify the application as to time and date of receipt.

  • Marginal note:Limitation

    (4) An application under subsection 487.01(5.2) shall not be submitted by a means of telecommunication that does not produce a writing.

  • Marginal note:Application — telecommunication not producing writing

    (5) An applicant may submit their application by a means of telecommunication that does not produce a writing only if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.

  • Marginal note:Statement of circumstances

    (6) An application submitted by a means of telecommunication that does not produce a writing shall include a statement of the circumstances that make it impracticable to submit the application by a means of telecommunication that produces a writing.

  • Marginal note:Oath

    (7) Any oath required in connection with an application submitted by a means of telecommunication that does not produce a writing may be administered by a means of telecommunication.

  • Marginal note:Certification

    (8) A judicial officer who receives an application submitted by a means of telecommunication that does not produce a writing shall record the application verbatim, in writing or otherwise, and certify the record or a transcription of it as to time, date and contents.

  • Marginal note:Limitation on issuance

    (9) If an application is submitted by a means of telecommunication that does not produce a writing, the judicial officer shall not issue the warrant, order, extension or authorization unless he or she is satisfied that the application discloses reasonable grounds for dispensing with its submission by a means of telecommunication that produces a writing.

  • Marginal note:Warrant, etc.

    (10) A judicial officer who issues the warrant, order, extension or authorization may do so by a means of telecommunication, in which case

    • (a) the judicial officer shall complete and sign the document in question, noting on its face the time and date;

    • (b) if the means of telecommunication produces a writing, the judicial officer shall transmit a copy of the document to the applicant by that means; and

    • (c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judicial officer, transcribe the document, noting on its face the name of the judicial officer as well as the time and date.

  • Marginal note:Definitions

    (11) The following definitions apply in this section.

    judicial officer

    judicial officer means a judge or justice who is authorized, under the applicable provision of this Act, to issue a warrant, order, extension or authorization referred to in subsection (1). (fonctionnaire judiciaire)

    public officer

    public officer 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. (fonctionnaire public)

  • R.S., 1985, c. 27 (1st Supp.), s. 69
  • 1992, c. 1, ss. 58, 59(E), 60(F)
  • 1994, c. 44, s. 37
  • 2018, c. 21, s. 19
  • 2022, c. 17, s. 22

Marginal note:Where warrant not necessary

 A peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, may, in the course of his or her duties, exercise any of the powers described in subsection 487(1) or 492.1(1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.

  • 1997, c. 18, s. 46

Marginal note:Restriction on publication

 If a search warrant is issued under section 487 or a search is made under such a warrant, everyone who publishes in any document, or broadcasts or transmits in any way, any information with respect to

  • (a) the location of the place searched or to be searched, or

  • (b) the identity of any person who is or appears to occupy or be in possession or control of that place or who is suspected of being involved in any offence in relation to which the warrant was issued,

without the consent of every person referred to in paragraph (b) is, unless a charge has been laid in respect of any offence in relation to which the warrant was issued, guilty of an offence punishable on summary conviction.

Marginal note:Order denying access to information

  •  (1) On application made at the time an application is made for a warrant under this or any other Act of Parliament, an order under any of sections 487.013 to 487.018 or an authorization under section 529 or 529.4, or at a later time, a justice, a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec may make an order prohibiting access to, and the disclosure of, any information relating to the warrant, order or authorization on the ground that

    • (a) the ends of justice would be subverted by the disclosure for one of the reasons referred to in subsection (2) or the information might be used for an improper purpose; and

    • (b) the reason referred to in paragraph (a) outweighs in importance the access to the information.

  • Marginal note:Reasons

    (2) For the purposes of paragraph (1)(a), an order may be made under subsection (1) on the ground that the ends of justice would be subverted by the disclosure

    • (a) if disclosure of the information would

      • (i) compromise the identity of a confidential informant,

      • (ii) compromise the nature and extent of an ongoing investigation,

      • (iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or

      • (iv) prejudice the interests of an innocent person; and

    • (b) for any other sufficient reason.

  • Marginal note:Procedure

    (3) Where an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the justice or judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the justice or judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the justice or judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4).

  • Marginal note:Application for variance of order

    (4) An application to terminate the order or vary any of its terms and conditions may be made to the justice or judge who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant or production order was obtained may be held.

  • 1997, c. 23, s. 14, c. 39, s. 1
  • 2004, c. 3, s. 8
  • 2014, c. 31, s. 22

Marginal note:Execution of search warrant

 A warrant issued under section 487 shall be executed by day, unless

  • (a) the justice is satisfied that there are reasonable grounds for it to be executed by night;

  • (b) the reasonable grounds are included in the information; and

  • (c) the warrant authorizes that it be executed by night.

  • R.S., 1985, c. C-46, s. 488
  • R.S., 1985, c. 27 (1st Supp.), s. 70
  • 1997, c. 18, s. 47
  • 2022, c. 17, s. 24

Marginal note:Definitions

  •  (1) The following definitions apply in this section and in section 488.02.

    data

    data has the same meaning as in section 487.011. (données)

    document

    document has the same meaning as in section 487.011. (document)

    journalist

    journalist has the same meaning as in subsection 39.1(1) of the Canada Evidence Act. (journaliste)

    journalistic source

    journalistic source has the same meaning as in subsection 39.1(1) of the Canada Evidence Act. (source journalistique)

    officer

    officer means a peace officer or public officer. (fonctionnaire)

  • Marginal note:Warrant, authorization and order

    (2) Despite any other provision of this Act, if an applicant for a warrant under section 487.01, 492.1 or 492.2, a search warrant under this Act, notably under section 487, an authorization under section 184.2, 186 or 188, or an order under any of sections 487.014 to 487.017 knows that the application relates to a journalist’s communications or an object, document or data relating to or in the possession of a journalist, they shall make the application to a judge of a superior court of criminal jurisdiction or to a judge as defined in section 552. That judge has exclusive jurisdiction to dispose of the application.

  • Marginal note:Warrant, authorization and order

    (3) A judge may issue a warrant, authorization or order under subsection (2) only if, in addition to the conditions required for the issue of the warrant, authorization or order, he or she is satisfied that

    • (a) there is no other way by which the information can reasonably be obtained; and

    • (b) the public interest in the investigation and prosecution of a criminal offence outweighs the journalist’s right to privacy in gathering and disseminating information.

  • Marginal note:Special Advocate

    (4) The judge to whom the application for the warrant, authorization or order is made may, in his or her discretion, request that a special advocate present observations in the interests of freedom of the press concerning the conditions set out in subsection (3).

  • Marginal note:Offence by journalist — exception

    (5) Subsections (3) and (4) do not apply in respect of an application for a warrant, authorization or order that is made in relation to the commission of an offence by a journalist.

  • Marginal note:Offence by journalist — order

    (6) If a warrant, authorization or order referred to in subsection (2) is sought in relation to the commission of an offence by a journalist and the judge considers it necessary to protect the confidentiality of journalistic sources, the judge may order that some or all documents obtained pursuant to the warrant, authorization or order are to be dealt with in accordance with section 488.02.

  • Marginal note:Conditions

    (7) The warrant, authorization or order referred to in subsection (2) may contain any conditions that the judge considers appropriate to protect the confidentiality of journalistic sources and to limit the disruption of journalistic activities.

  • Marginal note:Powers

    (8) The judge who rules on the application for the warrant, authorization or order referred to in subsection (2) has the same powers, with the necessary adaptations, as the authority who may issue the warrant, authorization or order.

  • Marginal note:Discovery of relation to journalist

    (9) If an officer, acting under a warrant, authorization or order referred to in subsection (2) for which an application was not made in accordance with that subsection, becomes aware that the warrant, authorization or order relates to a journalist’s communications or an object, document or data relating to or in the possession of a journalist, the officer shall, as soon as possible, make an ex parte application to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and, until the judge disposes of the application,

    • (a) refrain from examining or reproducing, in whole or in part, any document obtained pursuant to the warrant, authorization or order; and

    • (b) place any document obtained pursuant to the warrant, authorization or order in a sealed packet and keep it in a place to which the public has no access.

  • Marginal note:Powers of judge

    (10) On an application under subsection (9), the judge may

    • (a) confirm the warrant, authorization or order if the judge is of the opinion that no additional conditions to protect the confidentiality of journalistic sources and to limit the disruption of journalistic activities should be imposed;

    • (b) vary the warrant, authorization or order to impose any conditions that the judge considers appropriate to protect the confidentiality of journalistic sources and to limit the disruption of journalistic activities;

    • (c) if the judge considers it necessary to protect the confidentiality of journalistic sources, order that some or all documents that were or will be obtained pursuant to the warrant, authorization or order are to be dealt with in accordance with section 488.02; or

    • (d) revoke the warrant, authorization or order if the judge is of the opinion that the applicant knew or ought reasonably to have known that the application for the warrant, authorization or order related to a journalist’s communications or an object, document or data relating to or in the possession of a journalist.

 
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