C-25.1 - Code of Penal Procedure

Section 141.10 Disposition versions

2020-07-13

141.10. Before being required to communicate information or a certified copy or to prepare and communicate a document under an order made under article 141.5 or 141.6, the person, financial institution or entity mentioned in the order may apply in writing to the judge who made the order, or to a judge having jurisdiction to make such an order, to vary or revoke the order.

The application may be made within 30 days after the day on which the order is made, provided prior notice of not less than three clear days of the intention to do so is given to a peace officer or a person entrusted with the enforcement of an Act named in the order. The person, financial institution or entity concerned is not required to communicate the information or the certified copy or prepare and communicate the document under the order until the judge has ruled on the application.

A judge to whom an application is made under this section may vary or revoke the order if satisfied

(1)  that it is unreasonable in the circumstances to require the person, financial institution or entity to communicate the information or the certified copy or to prepare and communicate the document under the order; or

(2)  that such communication would disclose information that is privileged or otherwise protected from disclosure by law.

2020, c. 12, s. 34.