Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-04-02 and last amended on 2013-12-12. Previous Versions

Marginal note:Information re number recorder
  •  (1) A justice who is satisfied by information on oath in writing that there are reasonable grounds to suspect that an offence under this or any other Act of Parliament has been or will be committed and that information that would assist in the investigation of the offence could be obtained through the use of a number recorder, may at any time issue a warrant authorizing 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 Act or any other Act of Parliament and who is named in the warrant

    • (a) to install, maintain and remove a number recorder in relation to any telephone or telephone line; and

    • (b) to monitor, or to have monitored, the number recorder.

  • Marginal note:Order re telephone records

    (2) When the circumstances referred to in subsection (1) exist, a justice may order that any person or body that lawfully possesses records of telephone calls originated from, or received or intended to be received at, any telephone give the records, or a copy of the records, to a person named in the order.

  • Marginal note:Other provisions to apply

    (3) Subsections 492.1(2) and (3) apply to warrants and orders issued under this section, with such modifications as the circumstances require.

  • Marginal note:Definition of “number recorder”

    (4) For the purposes of this section, “number recorder” means any device that can be used to record or identify the telephone number or location of the telephone from which a telephone call originates, or at which it is received or is intended to be received.

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

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;

“appearance notice”

« citation à comparaître »

“appearance notice” means a notice in Form 9 issued by a peace officer;

“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, 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;

“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;

“promise to appear”

« promesse de comparaître »

“promise to appear” means a promise in Form 10;

“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;

“summons”

« sommation »

“summons” means a summons in Form 6 issued by a justice or judge;

“undertaking”

« promesse »

“undertaking” means an undertaking in Form 11.1 or 12;

“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.

  • 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.