GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 486.5
e of them if they wish to be the subject of the order; (b) if the victim, witness or justice system participant is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim, witness or justice system participant wishes to be the subject of the order; and (c) in any event, advise the prosecutor of their duty under subsection (8.2). Hearing may be held (6) The judge or justice may hold a hearing to determine whether an order should be made, and the hearing may be in private. Factors to be considered (7) In determining whether to make an order, the judge or justice shall consider (a) the right to a fair and public hearing; (b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer harm if their identity were disclosed; (c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation; (d) society’s interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process; (e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant; (f) the salutary and deleterious effects of the proposed order; (g) the impact of the proposed order on the freedom of expression of those affected by it; and (h) any other factor that the judge or justice considers relevant. Conditions (8) An order may be subject to any conditions that the judge or justice thinks fit. Supplementary duty — judge or justice (8.1) If an order is made, the judge or justice shall, as soon as feasible, inform the victims, witnesses and justice system participants who are the subject of that order of its existence and of their right to apply to revoke or vary it. Duty to inform (8.2) If the prosecutor makes the application, they shall, as soon as feasible after the judge or justice makes the order, inform the judge or justice that they have (a) informed the victims, witnesses and justice system participants who are the subject of the order of its existence; (b) determined whether they wish to be the subject of the order; and (c) informed them of their right to apply to revoke or vary the order. Publication prohibited (9) Unless the judge or justice refuses to make an order, no person shall publish in any document or broadcast or transmit in any way (a) the contents of an application; (b) any evidence taken, information given or submissions made at a hearing under subsection (6); or (c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings. 2005, c. 32, s. 15; 2015, c. 13, s. 19 2023, c. 28, s. 3 2024, c. 16, s. 57 2024, c. 16, s. 69
Criminal Code — C-46 486.51
Application — vary or revoke 486.51 (1) If a person who is the subject of an order made under section 486.4 or 486.5 requests that the prosecutor have it varied or revoked, the prosecutor shall, as soon as feasible, make an application to vary or revoke the order on their behalf. Order — vary or revoke (2) If an application to vary or revoke an order made under section 486.4 or 486.5 is made by the person who is the subject of the order or by any other person, including a prosecutor, who is acting on their behalf, the court that made the order or, if that court is for any reason unable to act, another court of equivalent jurisdiction in the same province shall, without holding a hearing, vary or revoke the order, unless the court is of the opinion that to do so may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person. Hearing (3) If the court is of the opinion that varying or revoking the order that is the subject of an application referred to in subsection (2) may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person, the court shall hold a hearing to determine whether the order should be varied or revoked. Factor (4) In order to determine whether the order should be varied, the court shall take into account whether it is possible to do so in a manner that protects the privacy interests of any other person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person. Notice (5) The applicant is not required to provide notice of the application to vary or revoke the order to the accused. Submissions (6) The accused shall not be permitted to make submissions in relation to the application. Notice of change (7) If the order is varied or revoked, the prosecutor shall notify the accused. 2023, c. 28, s. 4
Criminal Code — C-46 486.6
Offence 486.6 (1) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction. Prosecution — limitation (1.1) A prosecutor shall not commence or continue a prosecution against a person who is the subject of the order unless, in the opinion of the prosecutor, (a) the person knowingly failed to comply with the order; (b) the privacy interests of another person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person have been compromised; and (c) a warning to the individual is not appropriate. Application of order (2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order. 2005, c. 32, s. 15 2019, c. 13, s. 151 2023, c. 28, s. 5
Criminal Code — C-46 486.7
Security of witnesses 486.7 (1) In any proceedings against an accused, the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, make any order, other than one that may be made under any of sections 486 to 486.5, if the judge or justice is of the opinion that the order is necessary to protect the security of any witness and is otherwise in the interest of the proper administration of justice. Application (2) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place. Factors to be considered (3) In determining whether to make the order, the judge or justice shall consider (a) the age of the witness; (b) the witness’s mental or physical disabilities, if any; (c) the right to a fair and public hearing; (d) the nature of the offence; (e) whether the witness needs the order to protect them from intimidation or retaliation; (f) whether the order is needed to protect the security of anyone known to the witness; (g) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; (h) the importance of the witness’s testimony to the case; (i) whether effective alternatives to the making of the proposed order are available in the circumstances; (j) the salutary and deleterious effects of the proposed order; and (k) any other factor that the judge or justice considers relevant. No adverse inference (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section. 2015, c. 20, s. 22
Criminal Code — C-46 487.011
Definitions 487.011 The following definitions apply in this section and in sections 487.012 to 487.0199 . computer data has the same meaning as in subsection 342.1 (2). ( données informatiques ) data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. ( données ) document means a medium on which data is registered or marked. ( document ) judge means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. ( juge ) public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament. ( fonctionnaire public ) tracking data means data that relates to the location of a transaction, individual or thing. ( données de localisation ) transmission data means data that (a) relates to the telecommunication functions of dialling, routing, addressing or signalling; (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and (c) does not reveal the substance, meaning or purpose of the communication. ( données de transmission ) 2004, c. 3, s. 7; 2014, c. 31, s. 20
Criminal Code — C-46
computer data has the same meaning as in subsection 342.1 (2). ( données informatiques )
Criminal Code — C-46
data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. ( données )
Criminal Code — C-46
document means a medium on which data is registered or marked. ( document )
Criminal Code — C-46
judge means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. ( juge )
Criminal Code — C-46
public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament. ( fonctionnaire public )
Criminal Code — C-46
tracking data means data that relates to the location of a transaction, individual or thing. ( données de localisation )
Criminal Code — C-46 (a)
transmission data means data that (a) relates to the telecommunication functions of dialling, routing, addressing or signalling; (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and (c) does not reveal the substance, meaning or purpose of the communication. ( données de transmission )
Criminal Code — C-46 487.012
Preservation demand 487.012 (1) A peace officer or public officer may make a demand to a person in Form 5.001 requiring them to preserve computer data that is in their possession or control when the demand is made. Conditions for making demand (2) The peace officer or public officer may make the demand only if they have reasonable grounds to suspect that (a) an offence has been or will be committed under this or any other Act of Parliament or has been committed under a law of a foreign state; (b) in the case of an offence committed under a law of a foreign state, an investigation is being conducted by a person or authority with responsibility in that state for the investigation of such offences; and (c) the computer data is in the person’s possession or control and will assist in the investigation of the offence. Limitation (3) A demand may not be made to a person who is under investigation for the offence referred to in paragraph (2)(a). Expiry and revocation of demand (4) A peace officer or public officer may revoke the demand by notice given to the person at any time. Unless the demand is revoked earlier, the demand expires (a) in the case of an offence that has been or will be committed under this or any other Act of Parliament, 21 days after the day on which it is made; and (b) in the case of an offence committed under a law of a foreign state, 90 days after the day on which it is made. Conditions in demand (5) The peace officer or public officer who makes the demand may impose any conditions in the demand that they consider appropriate  — including conditions prohibiting the disclosure of its existence or some or all of its contents  — and may revoke a condition at any time by notice given to the person. No further demand (6) A peace officer or public officer may not make another demand requiring the person to preserve the same computer data in connection with the investigation. 2004, c. 3, s. 7; 2014, c. 31, s. 20
Criminal Code — C-46 487.013
Preservation order — computer data 487.013 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to preserve computer data that is in their possession or control when they receive the order. Conditions for making order (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.002 (a) that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament or has been committed under a law of a foreign state, that the computer data is in the person’s possession or control and that it will assist in the investigation of the offence; and (b) that a peace officer or public officer intends to apply or has applied for a warrant or an order in connection with the investigation to obtain a document that contains the computer data. Offence against law of foreign state (3) If an offence has been committed under a law of a foreign state, the justice or judge must also be satisfied that a person or authority with responsibility in that state for the investigation of such offences is conducting the investigation. Form (4) The order is to be in Form 5.003. Limitation (5) A person who is under investigation for an offence referred to in paragraph (2)(a) may not be made subject to an order. Expiry of order (6) Unless the order is revoked earlier, it expires 90 days after the day on which it is made. 2004, c. 3, s. 7; 2014, c. 31, s. 20
Criminal Code — C-46 487.0131
Keep account open or active order 487.0131 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to keep an account specified in the order open or active unless the holder of the account requests that the person close or deactivate the account. Conditions for making order (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.0031 that there are reasonable grounds to suspect that (a) an offence has been or will be committed under this or any other Act of Parliament; and (b) keeping the account open or active will assist in the investigation of the offence. Form (3) The order is to be in Form 5.0032. Notification (4) The order is to require the person to notify a peace officer or public officer named in the order as soon as practicable after the account is closed or deactivated at the request of the holder of the account. Limitation (5) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. Expiry of order (6) Unless the order is revoked earlier, it expires 60 days after the day on which it is made. Renewals (7) A justice or judge may renew the order for a period of not more than 60 days on ex parte application made by a peace officer or public officer indicating the reason and period for which the renewal is required. Conditions for renewal (8) Before renewing the order, the justice or judge must be satisfied by information on oath in Form 5.0031 that the conditions specified in subsection (2) are met. 2024, c. 17, s. 356
Criminal Code — C-46 487.014
General production order 487.014 (1) Subject to sections 487.015 to 487.018 , on ex parte application made by a peace officer or public officer, a justice or judge may order a person to produce a document that is a copy of a document that is in their possession or control when they receive the order, or to prepare and produce a document containing data that is in their possession or control at that time. Conditions for making order (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to believe that (a) an offence has been or will be committed under this or any other Act of Parliament; and (b) the document or data is in the person’s possession or control and will afford evidence respecting the commission of the offence. Form (3) The order is to be in Form 5.005. Limitation (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. 2004, c. 3, s. 7; 2014, c. 31, s. 20
Criminal Code — C-46 487.0141
Production order — specified dates 487.0141 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to produce a document that is a copy of a document that is in their possession or control on any of the dates specified in the order or prepare and produce a document containing data that is in their possession or control on any of the dates specified in the order. Conditions for making order (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to believe that (a) an offence has been or will be committed under this or any other Act of Parliament; and (b) the document or data, if it is in the person’s possession or control on any of the dates to be specified in the order, will afford evidence respecting the commission of the offence. Form (3) The order is to be in Form 5.0051. Dates specified in order (4) The order may specify up to 10 dates that fall within the 60-day period after the day on which it is made. Suspicious transactions (5) The order may also require the person to produce to a peace officer or public officer named in the order a copy of all reports made under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period the order is in effect if the justice or judge is satisfied by information on oath in Form 5.004 that there are reasonable grounds to believe that the information contained in such a report will afford evidence respecting the commission of the offence referred to in subsection (2). Restrictions (6) The person must not be required to (a) produce documents more than once in any 72-hour period; (b) produce a document that is a copy of a document that was in their possession or control before the day on which the order is made; or (c) prepare and produce a document that contains data that was in their possession or control before the day on which the order is made. Limitation (7) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. Expiry of order (8) Unless the order is revoked earlier, it expires 60 days after the day on which it is made. Renewals (9) A justice or judge may renew the order for a period of not more than 60 days on ex parte application made by a peace officer or public officer indicating the reason and period for which the renewal is required. Conditions for renewal (10) Before renewing the order, the justice or judge must be satisfied by information on oath in Form 5.004 that the conditions specified in subsection (2) are met. Dates specified in renewed order (11) If the order is renewed, it may specify up to 10 dates during the period for which it is renewed. 2024, c. 17, s. 357
Criminal Code — C-46 487.015
Production order to trace specified communication 487.015 (1) On ex parte application made by a peace officer or public officer for the purpose of identifying a device or person involved in the transmission of a communication, a justice or judge may order a person to prepare and produce a document containing transmission data that is related to that purpose and that is, when they are served with the order, in their possession or control. Conditions for making order (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that (a) an offence has been or will be committed under this or any other Act of Parliament; (b) the identification of a device or person involved in the transmission of a communication will assist in the investigation of the offence; and (c) transmission data that is in the possession or control of one or more persons whose identity is unknown when the application is made will enable that identification. Form (3) The order is to be in Form 5.006. Service (4) A peace officer or public officer may serve the order on any person who was involved in the transmission of the communication and whose identity was unknown when the application was made (a) within 60 days after the day on which the order is made; or (b) within one year after the day on which the order is made, in the case of an offence under section 467.11, 467.12 or 467.13, an offence committed for the benefit of, at the direction of or in association with a criminal organization, or a terrorism offence. Limitation (5) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. Report (6) A peace officer or public officer named in the order must provide a written report to the justice or judge who made the order as soon as feasible after the person from whom the communication originated is identified or after the expiry of the period referred to in subsection (4), whichever occurs first. The report must state the name and address of each person on whom the order was served, and the date of service. 2004, c. 3, s. 7; 2014, c. 31, s. 20
Criminal Code — C-46 487.016
Production order — transmission data 487.016 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing transmission data that is in their possession or control when they receive the order. Conditions for making order (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that (a) an offence has been or will be committed under this or any other Act of Parliament; and (b) the transmission data is in the person’s possession or control and will assist in the investigation of the offence. Form (3) The order is to be in Form 5.007. Limitation (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order. 2004, c. 3, s. 7; 2014, c. 31, s. 20