C-25.1 - Code of Penal Procedure

Section 100 Disposition versions

2021-03-18

100. The judge to whom an application for a search telewarrant is made by telephone or by any other means of telecommunication that does not allow communication in written form shall record the applicant’s statement verbatim either in writing or by mechanical means. The statement is deemed to be made under oath.

If the judge issues the telewarrant,

(1)  he shall complete the original, indicating the number of the telewarrant, the name of the person from whom he received the statement and the place, date and time of issue of the telewarrant, and sign it;

(2)  he shall, where necessary, cause the recording of the statement to be transcribed, certify the conformity of the transcript and indicate the place, date and time of transcription;

(3)  he shall promptly cause to be filed with the clerk of the Court of Québec in the judicial district where the search is to be made the original of the telewarrant and the record or transcript of the recording.

1987, c. 96, a. 100; 1988, c. 21, s. 66; 2015, c. 26, s. 6; I.N. 2021-03-18.

2015-11-19

100. The judge to whom an application for a search telewarrant is made by telephone or by any other means of telecommunication that does not allow communication in written form shall record the applicant’s statement verbatim either in writing or by mechanical means. The statement is deemed to be made under oath.

If the judge issues the telewarrant,

(1)  he shall complete the original, indicating the number of the telewarrant, the name of the person from whom he received the statement and the place, date and time of issue of the telewarrant, and sign it;

(2)  he shall, where necessary, cause the recording of the statement to be transcribed, certify the conformity of the transcript and indicate the place, date and time of transcription;

(3)  he shall promptly cause to be filed with the clerk of the Court of Québec in the district where the search is to be made the original of the telewarrant and the record or transcript of the recording.

1987, c. 96, a. 100; 1988, c. 21, s. 66; 2015, c. 26, s. 6.

1990-10-01

100. The judge to whom an application for a search telewarrant is made shall record the applicant’s statement verbatim either in writing or by mechanical means.

If the judge issues the telewarrant,

(1)  he shall complete the original, indicating the number of the telewarrant, the name of the person from whom he received the statement and the place, date and time of issue of the telewarrant, and sign it;

(2)  he shall, where necessary, cause the recording of the statement to be transcribed, certify the conformity of the transcript and indicate the place, date and time of transcription;

(3)  he shall promptly cause to be filed with the clerk of the Court of Québec in the district where the search is to be made the original of the telewarrant and the record or transcript of the recording.

1987, c. 96, a. 100; 1988, c. 21, s. 66.