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Marginal note:Definitions

487.04 In this section and in sections 487.05 to 487.0911,

forensic DNA analysis

forensic DNA analysis

• (a) in relation to a bodily substance that is taken from a person in execution of a warrant under section 487.05, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 487.05(1)(b), and includes any incidental tests associated with that analysis, and

• (b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or is taken from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, or to a bodily substance referred to in paragraph 487.05(1)(b), means forensic DNA analysis of the bodily substance; (analyse génétique)

primary designated offence

primary designated offence  means

• (a) an offence under any of the following provisions, namely,

  • [...]

  • (i.1) section 151 (sexual interference),

  • (i.2) section 152 (invitation to sexual touching),

  • (i.3) section 153 (sexual exploitation),

  • (i.4) section 153.1 (sexual exploitation of person with disability),

  • (i.5) section 155 (incest),

  • [...]

  • (i.8) section 163.1 (child pornography),

  • (i.9) section 170 (parent or guardian procuring sexual activity),

  • (i.901) section 171.1 (making sexually explicit material available to child),

  • (i.91) section 172.1 (luring a child),

  • (i.911) section 172.2 (agreement or arrangement — sexual offence against child),

  • [...]

  • (ii) section 235 (murder),

  • (iii) section 236 (manslaughter),

  • (iv) section 239 (attempt to commit murder),

  • (v) section 244 (discharging firearm with intent),

  • (vi) section 244.1 (causing bodily harm with intent — air gun or pistol),

  • (vi.1) section 244.2 (discharging firearm — recklessness),

  • [...]

  • (viii) section 246 (overcoming resistance to commission of offence),

  • (ix) section 267 (assault with a weapon or causing bodily harm),

  • (x) section 268 (aggravated assault),

  • (xi) section 269 (unlawfully causing bodily harm),

  • (xi.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

  • (xi.2) section 270.02 (aggravated assault of peace officer),

  • (xi.3) section 271 (sexual assault),

  • (xii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

  • (xiii) section 273 (aggravated sexual assault),

  • [...]

  • (xiv) section 279 (kidnapping),

  • (xiv.1) section 279.011 (trafficking — person under 18 years),

  • (xiv.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

  • (xiv.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

  • (xiv.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

  • (xiv.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years),

  • (xiv.6) subsection 286.3(2) (procuring — person under 18 years),

  • (xv) section 344 (robbery), and

  • (xvi) section 346 (extortion),

• (a.1) an offence under any of the following provisions, namely,

  • (i) section 75 (piratical acts),

  • (i.01) section 76 (hijacking),

  • (i.02) section 77 (endangering safety of aircraft or airport),

  • (i.03) section 78.1 (seizing control of ship or fixed platform),

  • [...]

  • (i.041) section 82.3 (possession, etc., of nuclear material, radioactive material or device),

  • (i.042) section 82.4 (use or alteration of nuclear material, radioactive material or device),

  • (i.043) section 82.5 (commission of indictable offence to obtain nuclear material, etc.),

  • (i.044) section 82.6 (threats),

  • (i.05) section 83.18 (participation in activity of terrorist group),

  • (i.051) section 83.181 (leaving Canada to participate in activity of terrorist group),

  • (i.06) section 83.19 (facilitating terrorist activity),

  • (i.061) section 83.191 (leaving Canada to facilitate terrorist activity),

  • (i.07) section 83.2 (commission of offence for terrorist group),

  • (i.071) section 83.201 (leaving Canada to commit offence for terrorist group,

  • (i.072) section 83.202 (leaving Canada to commit offence that is terrorist activity),

  • (i.08) section 83.21 (instructing to carry out activity for terrorist group),

  • (i.09) section 83.22 (instructing to carry out terrorist activity),

  • (i.091) section 83.221 (counselling commission of terrorism offence),

  • (i.1) section 83.23 (harbouring or concealing),

  • [...]

  • (vi) section 233 (infanticide),

  • [...]

  • (vii.1) section 279.01 (trafficking in persons),

  • [...]

  • (viii) section 279.1 (hostage taking),

  • [...]

  • (x) section 423.1 (intimidation of a justice system participant or journalist),

  • (xi) section 431 (attack on premises, residence or transport of internationally protected person),

  • (xii) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),

  • [...]

  • (xiv) section 467.11 (participation in activities of criminal organization),

  • (xiv.1) section 467.111 (recruitment of members — criminal organization),

  • (xv) section 467.12 (commission of offence for criminal organization), and

  • (xvi) section 467.13 (instructing commission of offence for criminal organization),

• (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,

  • (i) section 144 (rape),

  • (i.1) section 145 (attempt to commit rape),

  • (ii) section 146 (sexual intercourse with female under fourteen and between fourteen and sixteen),

  • (iii) section 148 (sexual intercourse with feeble-minded, etc.),

  • (iv) section 149 (indecent assault on female),

  • (v) section 156 (indecent assault on male),

  • (vi) section 157 (acts of gross indecency), and

• (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

  • [...]

  • (iii) section 153 (sexual intercourse with step-daughter),

  • (iv) section 157 (gross indecency),

  • (v) section 166 (parent or guardian procuring defilement), and

  • (vi) section 167 (householder permitting defilement),

• (c.01) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

  • (i) section 246.1 (sexual assault),

  • (ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

  • (iii) section 246.3 (aggravated sexual assault),

• (c.02) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

  • [...]

  • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

  • (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

  • (iv) subsection 212(4) (prostitution of person under 18 years),

• [...]

• (c.1) an offence under any of the following provisions of the Security of Information Act, namely,

  • (i) section 6 (approaching, entering, etc., a prohibited place),

secondary designated offence

secondary designated offence  means an offence, other than a primary designated offence, that is

• (a) an offence under this Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more,

• (a.1) an offence under any of the following provisions of the Cannabis Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more:

  • (i) section 9 (distribution and possession for purpose of distributing),

  • (ii) section 10 (selling and possession for purpose of selling),

  • (iii) section 11 (importing and exporting and possession for purpose of exporting),

  • (iv) section 12 (production),

  • (v) section 13 (possession, etc., for use in production or distribution of illicit cannabis), and

  • (vi) section 14 (use of young person),

• (b) an offence under any of the following provisions of the Controlled Drugs and Substances Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more:

  • (i) section 5 (trafficking in substance and possession for purpose of trafficking),

  • (ii) section 6 (importing and exporting), and

  • (iii) section 7 (production of substance),

• (c) an offence under any of the following provisions of this Act:

  • [...]

  • (i.002) section 62 (offences in relation to military forces),

  • [...]

  • (i.008) section 122 (breach of trust by public officer),

  • [...]

  • (i.011) section 124 (selling or purchasing office),

  • (i.012) section 125 (influencing or negotiating appointments or dealings in offices),

  • [...]

  • (i.014) section 142 (corruptly taking reward for recovery of goods),

  • (i.015) section 144 (prison breach),

  • (i.016) section 145 (escape and being at large without excuse),

  • (i.1) section 146 (permitting or assisting escape),

  • (i.2) section 147 (rescue or permitting escape),

  • (i.3) section 148 (assisting prisoner of war to escape),

  • [...]

  • (iv) section 182 (dead body — neglect to perform duty, improper or indecent interference with),

  • (iv.1) section 184 (interception of private communication),

  • (iv.2) section 184.5 (interception of radio-based telephone communications),

  • (iv.3) section 221 (cause bodily harm by criminal negligence),

  • [...]

  • (iv.5) section 242 (neglect to obtain assistance in child-birth),

  • [...]

  • (iv.9) section 262 (impeding attempt to save life),

  • (v) section 264 (criminal harassment),

  • (vi) section 264.1 (uttering threats),

  • (vii) section 266 (assault),

  • (viii) section 270 (assaulting a peace officer),

  • (viii.01) section 280 (abduction of person under 16),

  • (viii.02) section 281 (abduction of person under 14),

  • [...]

  • (viii.11) section 291 (bigamy),

  • (viii.12) section 292 (procuring feigned marriage),

  • (viii.13) section 293 (polygamy),

  • (viii.14) section 293.1 (forced marriage),

  • (viii.15) section 293.2 (marriage under age of 16 years),

  • (viii.16) section 300 (publishing defamatory libel known to be false),

  • (viii.17) section 302 (extortion by libel),

  • [...]

  • (viii.22) section 338 (fraudulently taking cattle or defacing brand),

  • [...]

  • (viii.24) section 340 (destroying documents of title),

  • [...]

  • (x) section 349 (being unlawfully in dwelling-house),

  • [...]

  • (x.12) section 357 (bring into Canada property obtained by crime),

  • [...]

  • (x.15) section 363 (obtain execution of valuable security by fraud),

  • [...]

  • (x.17) section 378 (offences in relation to registers),

  • (x.18) section 382 (manipulation of stock exchange),

  • [...]

  • (x.2) section 383 (gaming in stocks or merchandise),

  • (x.21) section 384 (broker reducing stock by selling his own account),

  • (x.22) section 386 (fraudulent registration of title),

  • (x.23) section 394 (fraud in relation to minerals),

  • (x.24) section 394.1 (possession of stolen minerals),

  • (x.25) section 396 (offences in relation to mines),

  • (x.26) section 397 (falsification of books and documents),

  • (x.27) section 399 (false return by public officer),

  • (x.28) section 400 (false prospectus),

  • (x.29) section 405 (acknowledging instrument in false name),

  • (xi) section 423 (intimidation),

  • [...]

  • (xi.1) section 424 (threat against an internationally protected person),

  • (xi.11) section 424.1 (threat against United Nations or associated personnel),

  • (xi.12) section 426 (secret commissions),

  • (xi.13) section 435 (arson for fraudulent purpose),

  • (xi.14) section 436 (arson by negligence),

  • (xi.15) section 436.1 (possession incendiary material),

  • [...]

  • (xi.18) section 441 (occupant injuring building),

  • (xi.19) section 443 (interfering with international boundary marks, etc.),

  • (xi.2) section 451 (having clippings, etc.),

  • (xi.21) section 460 (advertising and dealing in counterfeit money),

  • [...]

  • (xi.23) section 753.3 (breach of long-term supervision),

• (d) an offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990:

  • (i) section 433 (arson), and

  • (ii) section 434 (setting fire to other substance),

• (d.1) an offence under section 252, as it read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force,

• (d.2) an offence under any of sections 249, 249.1, 249.2, 249.3, 249.4, 253, 254 and 255, as they read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, that may be prosecuted by indictment or, for section 487.051 to apply, is prosecuted by indictment, and

• (e) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit

  • (i) an offence referred to in paragraph (a) or (b) — which, for section 487.051 to apply, is prosecuted by indictment, or

Marginal note:Definitions

• 490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.07.

  pardon

  pardon  means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked. (pardon)

  primary offence

  primary offence  means

  • (a) an offence under any of the following provisions:

    • [...]

    • (ii) section 151 (sexual interference),

    • (iii) section 152 (invitation to sexual touching),

    • (iv) section 153 (sexual exploitation),

    • (v) section 153.1 (sexual exploitation of person with disability),

    • (vi) section 155 (incest),

    • [...]

    • (x) section 162.1 (publication, etc., of an intimate image without consent),

    • (xi) section 163.1 (child pornography),

    • (xii) section 170 (parent or guardian procuring sexual activity),

    • (xiii) section 171.1 (making sexually explicit material available to child),

    • (xiv) section 172.1 (luring a child),

    • (xv) section 172.2 (agreement or arrangement — sexual offence against child),

    • [...]

    • (xvii) section 271 (sexual assault),

    • (xviii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

    • (xix) section 273 (aggravated sexual assault),

    • [...]

    • (xxi) section 279.011 (trafficking  —  person under 18 years),

    • (xxii) subsection 279.02(2) (material benefit  —  trafficking of person under 18 years),

    • (xxiii) subsection 279.03(2) (withholding or destroying documents  —  trafficking of person under 18 years),

    • (xxiv) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

    • (xxv) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

    • (xxvi) subsection 286.3(2) (procuring  — person under 18 years);

  • (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

    • (i) section 144 (rape),

    • (ii) section 145 (attempt to commit rape),

    • (iii) section 149 (indecent assault on female),

    • (iv) section 156 (indecent assault on male), and

  • (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

    • (i) section 246.1 (sexual assault),

    • (ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

    • (iii) section 246.3 (aggravated sexual assault);

  • (d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

    • [...]

    • (iii) section 153 (sexual intercourse with step-daughter),

    • (iv) section 157 (gross indecency),

    • (v) section 166 (parent or guardian procuring defilement), and

    • (vi) section 167 (householder permitting defilement);

  • (e) an offence under any of the following provisions of this Act, as they read from time to time before December 6, 2014 :

    • [...]

    • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

    • (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

    • (iv) subsection 212(4) (prostitution of person under 18 years); or

  secondary offence

  secondary offence  means

  • (a) an offence under any of the following provisions:

    • (i) section 162 (voyeurism),

    • [...]

    • (iii) section 177 (trespassing at night),

    • (iv) section 231 (murder),

    • (v) section 234 (manslaughter),

    • [...]

    • (viii) section 246 (overcoming resistance to commission of offence),

    • (ix) section 264 (criminal harassment),

    • (x) section 279 (kidnapping),

    • (xi) section 279.01 (trafficking in persons),

    • [...]

    • (xiv) section 280 (abduction of a person under age of sixteen),

    • (xv) section 281 (abduction of a person under age of fourteen),

    • [...]

    • (xix) section 346 (extortion),

• Marginal note:Interpretation

  (2) For the purpose of this section and sections 490.012 to 490.032, a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person

  [...]

[...]

752 In this Part,

designated offence

designated offence  means

• [...]

• (b) an offence under any of the following provisions:

  • [...]

  • (iii) section 85 (using firearm or imitation firearm in commission of offence),

  • (iv) section 87 (pointing firearm),

  • (iv.1) section 98 (breaking and entering to steal firearm),

  • (iv.2) section 98.1 (robbery to steal firearm),

  • (v) section 153.1 (sexual exploitation of person with disability),

  • (vi) section 163.1 (child pornography),

  • (vii) section 170 (parent or guardian procuring sexual activity),

  • (viii) section 171 (householder permitting sexual activity by or in presence of child),

  • (ix) section 172.1 (luring child),

  • (ix.1) section 172.2 (agreement or arrangement — sexual offence against child),

  • [...]

  • (xiii) section 245 (administering noxious thing),

  • (xiv) section 266 (assault),

  • (xv) section 269 (unlawfully causing bodily harm),

  • (xvi) section 269.1 (torture),

  • [...]

  • (xviii) section 273.3 (removal of child from Canada),

  • [...]

  • (xx) section 279.01 (trafficking in persons),

  • (xx.1) section 279.011 (trafficking of a person under the age of eighteen years),

  • (xx.2) section 279.02 (material benefit  — trafficking),

  • (xx.3) section 279.03 (withholding or destroying documents  —  trafficking),

  • (xxi) section 279.1 (hostage taking),

  • (xxii) section 280 (abduction of person under age of 16),

  • (xxiii) section 281 (abduction of person under age of 14),

  • (xxiii.1) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

  • (xxiii.2) section 286.2 (material benefit from sexual services),

  • (xxiii.3) section 286.3 (procuring),

  • (xxiii.4) section 320.13 (dangerous operation),

  • [...]

  • (xxiii.6) section 320.15 (failure or refusal to comply with demand),

  • (xxiii.7) section 320.16 (failure to stop after accident),

  • (xxiii.8) section 320.17 (flight from peace officer),

  • (xxiv) section 344 (robbery), and

  • (xxv) section 348 (breaking and entering with intent, committing offence or breaking out),

• (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

  • [...]

  • (ii) section 148 (sexual intercourse with feeble-minded),

  • (iii) section 166 (parent or guardian procuring defilement), and

  • (iv) section 167 (householder permitting defilement),

• (c.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

  • [...]

  • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

  • (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

  • (iv) subsection 212(4) (prostitution of person under 18 years); or

primary designated offence

primary designated offence  means

• (a) an offence under any of the following provisions:

  • (i) section 151 (sexual interference),

  • (ii) section 152 (invitation to sexual touching),

  • (iii) section 153 (sexual exploitation),

  • (iv) section 155 (incest),

  • (v) section 239 (attempt to commit murder),

  • (vi) section 244 (discharging firearm with intent),

  • (vii) section 267 (assault with weapon or causing bodily harm),

  • (viii) section 268 (aggravated assault),

  • (ix) section 271 (sexual assault),

  • (x) section 272 (sexual assault with weapon, threats to third party or causing bodily harm),

  • (xi) section 273 (aggravated sexual assault), and

• (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

  • (i) section 144 (rape),

  • (ii) section 145 (attempt to commit rape),

  • (iii) section 149 (indecent assault on female),

  • (iv) section 156 (indecent assault on male),

• (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

  • (i) section 246.1 (sexual assault),

  • (ii) section 246.2 (sexual assault with weapon, threats to third party or causing bodily harm), and

  • (iii) section 246.3 (aggravated sexual assault),

serious personal injury offence

serious personal injury offence  means

• [...]

• (b) an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault). (sévices graves à la personne)

[...]

Marginal note:Detention of things seized

• [...]

• (3) More than one order for further detention may be made under paragraph (2)(a) but the cumulative period of detention shall not exceed one year from the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless

  • (a) a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, on the making of a summary application to him after three clear days notice thereof to the person from whom the thing detained was seized, is satisfied, having regard to the complex nature of the investigation, that the further detention of the thing seized is warranted for a specified period and subject to such other conditions as the judge considers just, and the judge so orders; or

• [...]

• (5) Where at any time before the expiration of the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized, the prosecutor, or the peace officer or other person having custody of the thing seized, determines that the continued detention of the thing seized is no longer required for any purpose mentioned in subsection (1) or (4), the prosecutor, peace officer or other person shall apply to

  • (a) a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, where a judge ordered its detention under subsection (3), or

  [...]

• [...]

• (7) A person from whom anything has been seized may, after the expiration of the periods of detention provided for or ordered under subsections (1) to (3) and on three clear days notice to the Attorney General, apply summarily to

  • (a) a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, where a judge ordered the detention of the thing seized under subsection (3), or

  [...]

• Marginal note:Exception

  (8) A judge of a superior court of criminal jurisdiction or a judge as defined in section 552, where a judge ordered the detention of the thing seized under subsection (3), or a justice, in any other case, may allow an application to be made under subsection (7) prior to the expiration of the periods referred to therein where he is satisfied that hardship will result unless the application is so allowed.

• [...]

• Marginal note:Application by lawful owner

  (10) Subject to this or any other Act of Parliament, a person, other than a person who may make an application under subsection (7), who claims to be the lawful owner or person lawfully entitled to possession of anything seized and brought before or reported to a justice under section 489.1 may, at any time, on three clear days notice to the Attorney General and the person from whom the thing was seized, apply summarily to

  [...]

• [...]

• Marginal note:Detention pending appeal, etc.

  (12) Notwithstanding anything in this section, nothing shall be returned, forfeited or disposed of under this section pending any application made, or appeal taken, thereunder in respect of the thing or proceeding in which the right of seizure thereof is questioned or within thirty days after an order in respect of the thing is made under this section.

• [...]

• Marginal note:Access to anything seized

  (15) Where anything is detained pursuant to subsections (1) to (3.1), a judge of a superior court of criminal jurisdiction, a judge as defined in section 552 or a provincial court judge may, on summary application on behalf of a person who has an interest in what is detained, after three clear days notice to the Attorney General, order that the person by or on whose behalf the application is made be permitted to examine anything so detained.

• [...]

• (17) A person who feels aggrieved by an order made under subsection (8), (9), (9.1) or (11) may appeal from the order

  • (a) to the court of appeal as defined in section 673 if the order was made by a judge of a superior court of criminal jurisdiction, in which case sections 678 to 689 apply with any modifications that the circumstances require; or

  • (b) to the appeal court as defined in section 812 in any other case, in which case sections 813 to 828 apply with any modifications that the circumstances require.

• Marginal note:Waiver of notice

  (18) Any person to whom three days notice must be given under paragraph (2)(a) or (3)(a) or subsection (7), (10) or (15) may agree that the application for which the notice is given be made before the expiration of the three days.

Marginal note:Report

• 19 (1) A person designated pursuant to paragraph 18(2)(c) in an order made under subsection 18(1) shall make a report to the judge who made the order or another judge of the same court, accompanied by

  • [...]

  • (c) a copy of every statement given under subsection 18(9) of the reasons for a refusal to answer any question or to produce any record or thing.

• Marginal note:Copy to Minister

  (2) The person designated pursuant to paragraph 18(2)(c) shall send a copy of the report to the Minister forthwith after it is made.

• Marginal note:Refusals

  (3) If any reasons contained in a statement given under subsection 18(9) are based on the Canadian law of non-disclosure of information or privilege, a judge to whom a report is made shall determine whether those reasons are well-founded, and, if the judge determines that they are, that determination shall be mentioned in any order that the judge makes under section 20, but if the judge determines that they are not, the judge shall order that the person named in the order made under subsection 18(1) answer the questions or produce the records or things.

• Marginal note:Refusals based on foreign law

  (4) A copy of every statement given under subsection 18(9) that contains reasons that purport to be based on a law that applies to the state or entity shall be appended to any order that the judge makes under section 20.