C-25.1 - Code of Penal Procedure

Section 141.1 Disposition versions

2020-07-13

141.1. A judge may, on an application following an affidavit by a peace officer or a person entrusted with the enforcement of an Act, issue a general warrant or telewarrant authorizing the person to use any investigative device, technique or procedure or do anything described by the judge that would, if not so authorized, constitute an unreasonable search or seizure in respect of a person or a person’s property.

The judge may not, however, authorize the interception of a private communication, as defined in section 183 of the Criminal Code (R.S.C. 1985, c. C-46). Nor may the judge authorize the observation by means of a television camera or other similar electronic device of any person who is engaged in an activity in circumstances in which the person has a reasonable expectation of privacy.

The application for a mandate shall be made in writing and must be supported by an affidavit. An application for a telewarrant may also be made by telephone or by another means of telecommunication.

The judge may issue the general warrant or telewarrant if the judge is satisfied

(1)  that there are reasonable grounds to believe that an offence against an Act has been or will be committed and that information concerning the offence will be obtained through the use of the investigative device, technique or procedure or the doing of the thing;

(2)  that it is in the best interests of the administration of justice to issue the authorization; and

(3)  that there is no provision in this Code or in another Act that would provide for a warrant, authorization or order permitting the device, technique or procedure to be used or the thing to be done.

Nothing in this article operates to permit interference with the physical integrity of any person.

2020, c. 12, s. 34.