National Defence Act — N-5 196.13
Telewarrants 196.13 (1) If a peace officer believes that it would be impracticable to appear personally before a military judge to apply for a warrant, the peace officer may submit an information on oath to the judge by telephone or other means of telecommunication. Contents of information (2) An information submitted by telephone or other means of telecommunication shall include, in addition to the information described in subsection 196.12(1), (a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a military judge; and (b) a statement as to any prior application for a warrant under this section. Oath in writing (3) If the telecommunication is in written form, a written statement by the peace officer that all matters contained in the information are true to the officer’s knowledge and belief is deemed to be a statement made under oath. Information filed with Court Martial Administrator (4) The military judge shall, as soon as practicable, certify the information as to time and date of receipt, and cause it to be filed with the Court Martial Administrator. If the telecommunication is not in written form, the information that is to be filed is the verbatim record, or a transcription of it, certified by the judge as to its contents and time and date of receipt. Formalities respecting warrant and facsimiles (5) When a military judge issues a warrant by telephone or other means of telecommunication that is not in written form, (a) the judge shall complete and sign the warrant in the prescribed form, noting on its face the time, date and place of issuance; (b) the peace officer, on the direction of the judge, shall complete, in duplicate, a facsimile of the warrant in the prescribed form, noting on its face the name of the judge and the time, date and place of issuance; and (c) the judge shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the Court Martial Administrator. Issuance of warrant — telecommunication in written form (6) When a military judge issues a warrant by a means of telecommunication in written form, (a) the judge shall complete and sign the warrant in the prescribed form, noting on its face the time, date and place of issuance; (b) the judge shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information, and the copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (5)(b); (c) the peace officer shall procure another facsimile of the warrant; and (d) the judge shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with Court Martial Administrator. Proof of authorization (7) In any proceeding in which it is material for a court to be satisfied that the taking of samples of a bodily substance was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the military judge and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the taking of the samples was not authorized. Duplicates and facsimiles acceptable (8) A duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purpose of subsection (7). 2000, c. 10, s. 1