C-25.1 - Code of Penal Procedure

Section 141.5 Disposition versions

2020-07-13

141.5. A judge may, on an application made on the basis of an affidavit by a peace officer or a person entrusted with the enforcement of an Act, order a person, other than the person under investigation,

(1)  to communicate information in his possession or control when he receives the order, or a copy, certified by affidavit, of a document in his possession or control at that time; or

(2)  to prepare a document based on information or documents in his possession or control when he receives the order and communicate it.

The order shall specify the place, form and time limit for communicating the documents or information as well as the name of the peace officer or the person entrusted with the enforcement of an Act to whom they must be communicated.

Before making an order, the judge must be satisfied that there are reasonable grounds to believe that

(1)  an offence against an Act has been or will be committed;

(2)  the information or documents will afford evidence respecting the commission of the offence; and

(3)  the person concerned has possession or control of the information or documents.

The order may contain any terms and conditions the judge considers appropriate, in particular terms and conditions to protect lawyers’ and notaries’ professional secrecy.

Where the judge who makes the order or any other judge having jurisdiction to make such an order is satisfied, on an application made on the basis of an affidavit submitted by a peace officer or a person entrusted with the enforcement of an Act in support of the application, that the interests of justice warrant the granting of the application, the judge may vary or revoke the order or set a new time limit.

Any copy of a document communicated under this article, provided it is certified by affidavit, is admissible in evidence in any proceeding and has the same probative force as the original document would have had if it had been filed as evidence in the usual manner.

2020, c. 12, s. 34.