What Canada Criminal Code Part VI (Invasion of Privacy): Definitions of Private Communication and Intercept, Interception Offence, Bodily Harm and Exceptional Circumstances Exceptions, Judicial Authorisation, and Disclosure Restrictions requires
Part VI of the Canadian Criminal Code, R.S.C. 1985, c. C-46, titled Invasion of Privacy, is the principal federal framework governing the interception of private communications in Canada, including wiretapping and electronic surveillance, and is enforced by federal, provincial, and municipal authorities with judicial oversight by superior courts. Criminal Code, section 183 contains the foundational definitions including private communication as any oral communication or any telecommunication made by persons who are in different places, and intercept as any action taken to seize or record such communications without authorisation. Criminal Code, section 184 creates the central offence of wilfully intercepting a private communication by means of any electro-magnetic, acoustic, mechanical or other device, subject to specified exceptions including authorisation by a judge. Criminal Code, section 184.1 permits interception with the consent of a party where the agent reasonably believes there is a risk of bodily harm to that party. Criminal Code, section 184.4 permits interception in exceptional circumstances where a peace officer believes on reasonable grounds that the urgency of the situation is such that an authorisation could not, with reasonable diligence, be obtained. Criminal Code, section 185 governs the application for authorisation. Criminal Code, section 186 sets the conditions for the judge to be satisfied before granting authorisation, including that the authorisation is in the best interests of the administration of justice and that other investigative procedures have been tried and failed, are unlikely to succeed, or that the urgency of the matter makes them impractical. Criminal Code, section 188 governs authorisations in emergencies through judges specially designated by the Chief Justice. Criminal Code, section 193 makes it an offence to disclose information obtained from intercepted private communications. The Part is the controlling Canadian federal instrument for lawful interception of private communications.
Pillar: Data Protection & Privacy · Authority: Government of Canada - Department of Justice · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/c-46/page-9.html
SHA-256 integrity: 22eedfc8d41f05c4d877a235f2427b187ffda0be55d227ca502500960c3d608d
Primary Citations — 8 traced to source
- Criminal Code, section 183 - definitions including private communication and intercept.
- Criminal Code, section 184 - offence of wilful interception of a private communication.
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