Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-06 and last amended on 2015-07-23. Previous Versions

Marginal note:Warrant for transmission data recorder
  •  (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed against this or any other Act of Parliament and that transmission data will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain the transmission data by means of a transmission data recorder.

  • Marginal note:Scope of warrant

    (2) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the transmission data recorder, including covertly.

  • Marginal note:Limitation

    (3) No warrant shall be issued under this section for the purpose of obtaining tracking data.

  • Marginal note:Period of validity

    (4) Subject to subsection (5), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued.

  • Marginal note:Period of validity — organized crime or terrorism offence

    (5) The 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.

  • Marginal note:Definitions

    (6) The following definitions apply in this section.

    data

    données

    data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)

    judge

    juge

    judge means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. (juge)

    public officer

    fonctionnaire public

    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 or any other Act of Parliament. (fonctionnaire public)

    transmission data

    données de transmission

    transmission data means data that

    • (a) relates to the telecommunication functions of dialling, routing, addressing or signalling;

    • (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and

    • (c) does not reveal the substance, meaning or purpose of the communication. (données de transmission)

    transmission data recorder

    enregistreur de données de transmission

    transmission data recorder means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication. (enregistreur de données de transmission)

  • 1993, c. 40, s. 18;
  • 1999, c. 5, s. 19;
  • 2014, c. 31, s. 23.

PART XVICompelling Appearance of Accused Before a Justice and Interim Release

Interpretation

Marginal note:Definitions

 In this Part,

accused

prévenu

accused includes

  • (a) a person to whom a peace officer has issued an appearance notice under section 496, and

  • (b) a person arrested for a criminal offence; (prévenu)

appearance notice

citation à comparaître

appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)

judge

juge

judge means

  • (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

  • (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

  • (c) [Repealed, 1992, c. 51, s. 37]

  • (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,

  • (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

  • (f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)

officer in charge

fonctionnaire responsable

officer in charge means the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody; (fonctionnaire responsable)

promise to appear

promesse de comparaître

promise to appear means a promise in Form 10; (promesse de comparaître)

recognizance

engagement

recognizance, when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32; (engagement)

summons

sommation

summons means a summons in Form 6 issued by a justice or judge; (sommation)

undertaking

promesse

undertaking means an undertaking in Form 11.1 or 12; (promesse)

warrant

mandat

warrant, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)

  • R.S., 1985, c. C-46, s. 493;
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2;
  • 1990, c. 16, s. 5, c. 17, s. 12;
  • 1992, c. 51, s. 37;
  • 1994, c. 44, s. 39;
  • 1999, c. 3, s. 30;
  • 2002, c. 7, s. 143;
  • 2015, c. 3, s. 51.

Arrest without Warrant and Release from Custody

Marginal note:Arrest without warrant by any person
  •  (1) Any one may arrest without warrant

    • (a) a person whom he finds committing an indictable offence; or

    • (b) a person who, on reasonable grounds, he believes

      • (i) has committed a criminal offence, and

      • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

  • Marginal note:Arrest by owner, etc., of property

    (2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and

    • (a) they make the arrest at that time; or

    • (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

  • Marginal note:Delivery to peace officer

    (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

  • Marginal note:For greater certainty

    (4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.

  • R.S., 1985, c. C-46, s. 494;
  • 2012, c. 9, s. 3.
 
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