Definitions

Question 1

Authorization

Answer 1

Means a judicial authorization to intercept private communications

Question 2

Device

Answer 2

Means any electromagnetic, acoustic, mechanical or other device or apparatus used for or capable of intercepting private communications but does not include a hearing aid

Question 3

Intercept

Answer 3

Means listen to, record or otherwise acquire the substance, meaning or purport of a communication

Question 4

Offence

Answer 4

Means any offence listed in section 183 of the criminal code or any conspiracy, attempt to commit, being an accessory after the fact or counselling in relation to any of the offences listed in section 183 of the code

Question 5

Private Communication

Answer 5

Means any oral communication or any telecommunication made under circumstances in which it is reasonable for the originator or intended recipient to expect that it will not be intercepted by any other persons. It includes any radio based telephone communication that is treated electronically for the ourpose of ensuring privacy. Either the sender or the receiver must be in Canada

Question 6

Agent of the State

Answer 6

Means a peace officer and anyone acting under authority of, or in cooperation with, a peace officer

Question 7

Unlawful Interception

Answer 7

Any interception not authorized by the courts or by a specific section of the criminal code (non-authorized consents or emergent situations). Interception must be by means of a “device”, the communication must be a “private communication”

Question 8

Unlawful Possession of a Device

Answer 8

With certain exceptions, everyone who possesses, sells or purchases any electromagnetic, mechanical or other device that is used primarily for surreptitious interceptions is unlawful

Question 9

Unlawful Disclosure

Answer 9

With certain exceptions, it is unlawful to disclose the existence of a private communication or to disclose the substance, meaning or purport thereof. It is also unlawful to disclose the existence of a radio based telephone communication

Question 10

Statutory Requirements

Answer 10

Each affidavit that is prepared and taken before a judge must meet certain prerequisites:

• the offence must be named in section 183, and
• other means of investigation must have been tried and failed or it can be shown that other means of investigation are not likely to succeed or the urgency of the matter is such that it is not practical to use other investigative means, and
• it must be shown that it is in the best interests of the administration of justice to grant authorization

The exception to the above second rule is if the offences investigated involve criminal organizations or terrorist groups.

The judge or justice must be made aware of any previous application or applications that have been refused in respect of the same persons and circumstances.

Should the crown wish to inteoduce recorded conversations as evidence, reasonable notice of the intent must be given to each accused along with a transcript and a statement setting out the date, time, place and parties involved in the conversation.

Unless a judge or justice orders otherwise, every person who was the object of an authorization must be notified within 90 days after the authorization expires.