Bill C-50: An Act to amend the Criminal Code (interception of private communications and related warrants and orders)

C-50 Third Session, Fortieth Parliament, 59 Elizabeth II, 2010 HOUSE OF COMMONS OF CANADA BILL C-50 An Act to amend the Criminal Code (interception of private communications and related warrants and orders) first reading, October 29, 2010 MINISTER OF JUSTICE 90587 SUMMARY This enactment amends the Criminal Code, primarily in respect of authorizations to intercept private communications and warrants and orders. Among other things, it (a) provides that if an authorization is given under certain provisions of Part VI, the judge may at the same time issue a warrant or make an order that relates to the investigation in respect of which the authorization is given; (b) provides that the rules respecting confidentiality that apply in respect of an authorization to intercept private communications also apply in respect of a request for a related warrant or order; (c) requires the Minister of Public Safety and Emergency Preparedness to report on the interceptions of private communications made without authorizations; (d) provides that a person who has been the object of an interception made without an authorization must be notified of the interception within a specified period; (e) permits a peace officer or a public officer, in certain circumstances, to install and make use of a number recorder without a warrant; and (f) extends to one year the maximum period of validity of a warrant for a tracking device and a number recorder if the warrant is issued in respect of a terrorism offence or an offence relating to a criminal organization. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 3rd Session, 40th Parliament, 59 Elizabeth II, 2010 house of commons of canada BILL C-50 An Act to amend the Criminal Code (interception of private communications and related warrants and orders) R.S., c. C-46 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1. This Act may be cited as the Improving Access to Investigative Tools for Serious Crimes Act. 2. Section 184.2 of the Criminal Code is amended by adding the following after subsection (4): Explanatory NotesCriminal Code Clause 2: New. Notes explicativesCode criminel Article 2 : Nouveau. Related warrant or order (5) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under section 487, 487.01, 487.012, 487.013, 487.02, 492.1 or 492.2 if the judge is of the opinion that the requested warrant or order relates to the investigation in respect of which the authorization is given. 1993, c. 40, s. 4 3. Section 184.4 of the Act is replaced by the following: Clause 3: Existing text of section 184.4: 184.4 A peace officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where (a) the peace officer believes on reasonable grounds that the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part; (b) the peace officer believes on reasonable grounds that such an interception is immediately necessary to prevent an unlawful act that would cause serious harm to any person or to property; and (c) either the originator of the private communication or the person intended by the originator to receive it is the person who would perform the act that is likely to cause the harm or is the victim, or intended victim, of the harm. Article 3 : Texte de l’article 184.4 : 184.4 L’agent de la paix peut intercepter, au moyen d’un dispositif électromagnétique, acoustique, mécanique ou autre, une communication privée si les conditions suivantes sont réunies : a) il a des motifs raisonnables de croire que l’urgence de la situation est telle qu’une autorisation ne peut, avec toute la diligence raisonnable, être obtenue sous le régime de la présente partie; b) il a des motifs raisonnables de croire qu’une interception immédiate est nécessaire pour empêcher un acte illicite qui causerait des dommages sérieux à une personne ou un bien; c) l’auteur de la communication ou la personne à laquelle celui-ci la destine est soit la victime ou la personne visée, soit la personne dont les actes sont susceptibles de causer les dommages. Interception in exceptional circumstances 184.4 A peace officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if the peace officer has reasonable grounds to believe that (a) the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part; (b) the interception is immediately necessary to prevent an offence that would cause serious harm to any person or to property; and (c) either the originator of the private communication or the person intended by the originator to receive it is the person who would commit the offence that is likely to cause the harm or is the victim, or intended victim, of the harm. 4. Section 186 of the Act is amended by adding the following after subsection (7): Clause 4: New. Article 4 : Nouveau. Related warrant or order (8) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under section 487, 487.01, 487.012, 487.013, 487.02, 492.1 or 492.2 if the judge is of the opinion that the requested warrant or order relates to the investigation in respect of which the authorization is given. 5. Section 187 of the Act is amended by adding the following after subsection (7): Clause 5: New. Article 5 : Nouveau. Documents to be kept secret — related warrant or order (8) The rules provided for in this section apply to all documents relating to a request for a related warrant or order referred to in subsection 184.2(5), 186(8) or 188(6) with any necessary modifications. 6. Section 188 of the Act is amended by adding the following after subsection (5): Clause 6: New. Article 6 : Nouveau. Related warrant or order (6) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under section 487, 487.02, 492.1 or 492.2 if the judge is of the opinion that the requested warrant or order relates to the investigation in respect of which the authorization is given. 2005, c. 10, subpar. 34(1)(f)(ix) 7. (1) Subsection 195(1) of the Act is replaced by the following: Clause 7: (1) Existing text of subsection 195(1): 195. (1) The Minister of Public Safety and Emergency Preparedness shall, as soon as possible after the end of each year, prepare a report relating to (a) authorizations for which he and agents to be named in the report who were specially designated in writing by him for the purposes of section 185 made application, and (b) authorizations given under section 188 for which peace officers to be named in the report who were specially designated by him for the purposes of that section made application, and interceptions made thereunder in the immediately preceding year. Article 7 : (1) Texte du paragraphe 195(1) : 195. (1) Le ministre de la Sécurité publique et de la Protection civile établit, chaque année, aussitôt que possible, un rapport relatif : a) aux autorisations dont lui-même et les mandataires, dont le nom doit apparaître au rapport, spécialement désignés par lui, par écrit, pour l’application de l’article 185 ont fait la demande; b) aux autorisations données en vertu de l’article 188 qui ont été demandées par des agents de la paix, dont le nom doit apparaître au rapport, spécialement désignés par lui pour l’application de cet article, et aux interceptions faites en vertu de ces autorisations au cours de l’année précédente. Annual report 195. (1) The Minister of Public Safety and Emergency Preparedness shall, as soon as possible after the end of each year, prepare a report relating to (a) authorizations for which that Minister and agents to be named in the report who were specially designated in writing by that Minister for the purposes of section 185 applied and to the interceptions made under those authorizations in the immediately preceding year; (b) authorizations given under section 188 for which peace officers to be named in the report who were specially designated by that Minister for the purposes of that section applied and to the interceptions made under those authorizations in the immediately preceding year; and (c) interceptions made under section 184.4 in the immediately preceding year if the interceptions relate to an offence for which proceedings may be commenced by the Attorney General of Canada. (2) The portion of subsection 195(2) of the Act before paragraph (a) is replaced by the following: (2) Relevant portion of subsection 195(2): (2) The report referred to in subsection (1) shall, in relation to authorizations and interceptions made thereunder, set out (2) Texte du passage visé du paragraphe 195(2) : (2) Le rapport mentionné au paragraphe (1) indique, en ce qui concerne les autorisations et les interceptions faites en vertu de celles-ci : Information respecting authorizations — sections 185 and 188 (2) The report shall, in relation to the authorizations and interceptions referred to in paragraphs (1)(a) and (b), set out (3) Section 195 of the Act is amended by adding the following after subsection (2): (3) New. (3) Nouveau. Information respecting interceptions — s. 184.4 (2.1) The report shall, in relation to the interceptions referred to in paragraph (1)(c), set out (a) the number of interceptions made; (b) the number of parties to each intercepted private communication against whom proceedings were commenced in respect of the offence that the peace officer sought to prevent in intercepting the private communication or in respect of any other offence that was detected as a result of the interception; (c) the number of persons who were not parties to an intercepted private communication but whose commission or alleged commission of an offence became known to a peace officer as a result of the interception of a private communication, and against whom proceedings were commenced in respect of the offence that the peace officer sought to prevent in intercepting the private communication or in respect of any other offence that was detected as a result of the interception; (d) the number of notifications given under section 196.1; (e) the offences in respect of which interceptions were made and any other offences for which proceedings were commenced as a result of an interception, as well as the number of interceptions made with respect to each offence; (f) a general description of the methods of interception used for each interception; (g) the number of persons arrested whose identity became known to a peace officer as a result of an interception; (h) the number of criminal proceedings commenced in which private communications obtained by interception were adduced in evidence and the number of those proceedings that resulted in a conviction; (i) the number of criminal investigations in which information obtained as a result of the interception of a private communication was used even though the private communication was not adduced in evidence in criminal proceedings commenced as a result of the investigations; and (j) the duration of each interception and the aggregate duration of all the interceptions related to the investigation of the offence that the peace officer sought to prevent in intercepting the private communication. (4) The portion of subsection 195(3) of the Act before paragraph (a) is replaced by the following: (4) Relevant portion of subsection 195(3): (3) The report referred to in subsection (1) shall, in addition to the information referred to in subsection (2), set out (4) Texte du passage visé du paragraphe 195(3) : (3) Le rapport mentionné au paragraphe (1) contient, outre les renseignements mentionnés au paragraphe (2) : Other information (3) The report shall, in addition to the information referred to in subsections (2) and (2.1), set out (5) Subsection 195(5) of the Act is replaced by the following: (5) Existing text of subsection 195(5): (5) The Attorney General of each province shall, as soon as possible after the end of each year, prepare and publish or otherwise make available to the public a report relating to (a) authorizations for which he and agents specially designated in writing by him for the purposes of section 185 made application, and (b) authorizations given under section 188 for which peace officers specially designated by him for the purposes of that section made application, and interceptions made thereunder in the immediately preceding year setting out, with such modifications as the circumstances require, the information described in subsections (2) and (3). (5) Texte du paragraphe 195(5) : (5) Le procureur général de chaque province établit et publie chaque année, aussitôt que possible, ou autrement met à la disposition du public, un rapport relatif : a) aux autorisations dont lui-même et les mandataires spécialement désignés par lui, par écrit, pour l’application de l’article 185 ont fait la demande; b) aux autorisations données en vertu de l’article 188 qui ont été demandées par des agents de la paix spécialement désignés par lui pour l’application de cet article, et aux interceptions faites en vertu de ces autorisations au cours de l’année précédente, contenant les renseignements visés aux paragraphes (2) et (3), compte tenu des adaptations de circonstance. Report by Attorneys General (5) The Attorney General of each province shall, as soon as possible after the end of each year, prepare and publish or otherwise make available to the public a report relating to (a) authorizations for which the Attorney General and agents specially designated in writing by the Attorney General for the purposes of section 185 applied and to the interceptions made under those authorizations in the immediately preceding year; (b) authorizations given under section 188 for which peace officers specially designated by the Attorney General for the purposes of that section applied and to the interceptions made under those authorizations in the immediately preceding year; and (c) interceptions made under section 184.4 in the immediately preceding year, if the interceptions relate to an offence not referred to in paragraph (1)(c). The report must set out, with any modifications that the circumstances require, the information described in subsections (2) to (3). 8. The Act is amended by adding the following after section 196: Clause 8: New. Article 8 : Nouveau. Written notice — interception in exceptional circumstances 196.1 (1) Subject to subsections (3) and (5), the Attorney General of the province in which a peace officer intercepts a private communication under section 184.4 or, if the interception relates to an offence for which proceedings may be commenced by the Attorney General of Canada, the Minister of Public Safety and Emergency Preparedness shall give notice in writing of the interception to any person who was the object of the interception within 90 days after the day on which it occurred. Extension of period for notification (2) The running of the 90-day period or of any extension granted under subsection (3) or (5) is suspended until any application made by the Attorney General of the province or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period has been heard and disposed of. Where extension to be granted (3) The judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — each extension not to exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that one of the following investigations is continuing: (a) the investigation of the offence to which the interception relates; or (b) a subsequent investigation of an offence commenced as a result of information obtained from the investigation referred to in paragraph (a). Application to be accompanied by affidavit (4) An application shall be accompanied by an affidavit deposing to (a) the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and (b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under subsection (2) in relation to the particular interception and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made. Exception — criminal organization or terrorism offence (5) Despite subsection (3), the judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — each extension not to exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that the interception of the communication relates to an investigation of (a) an offence under section 467.11, 467.12 or 467.13; (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or (c) a terrorism offence. 1997, c. 18, s. 46 9. Section 487.11 of the Act is replaced by the following: Clause 9: Existing text of section 487.11: 487.11 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. Article 9 : Texte de l’article 487.11 : 487.11 L’agent de la paix ou le fonctionnaire public nommé ou désigné pour l’application ou l’exécution d’une loi fédérale ou provinciale et chargé notamment de faire observer la présente loi ou toute autre loi fédérale peut, pour l’accomplissement de ses fonctions, exercer, sans mandat, tous les pouvoirs prévus aux paragraphes 487(1) ou 492.1(1) lorsque l’urgence de la situation rend difficilement réalisable l’obtention du mandat, sous réserve que les conditions de délivrance de celui-ci soient réunies. Exigent circumstances 487.11 Either a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament may, in the course of their duties, exercise any of the powers described in section 487, 492.1 or 492.2 without a warrant if the conditions for obtaining a warrant exist but it would not be feasible to obtain a warrant because of exigent circumstances. 10. Section 492.1 of the Act is amended by adding the following after subsection (2): Clause 10: New. Article 10 : Nouveau. Period of validity — criminal organization or terrorism offence (2.1) A warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to (a) an offence under any of sections 467.11 to 467.13; (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or (c) a terrorism offence. 1993, c. 40, s. 18 11. Subsection 492.2(3) of the Act is replaced by the following: Clause 11: Existing text of subsection 492.2(3): (3) Subsections 492.1(2) and (3) apply to warrants and orders issued under this section, with such modifications as the circumstances require. Article 11 : Texte du paragraphe 492.2(3) : (3) Les paragraphes 492.1(2) et (3) s’appliquent, avec les adaptations nécessaires, aux mandats décernés et aux ordonnances rendues en vertu du présent article. Other provisions to apply (3) Subsections 492.1(2), (2.1) and (3) apply to any warrant or order issued or made under this section, with any modifications that the circumstances require. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada