GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 487.11
Where warrant not necessary 487.11 A peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, may, in the course of his or her duties, exercise any of the powers described in subsection 487(1) or 492.1(1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain a warrant. 1997, c. 18, s. 46
Criminal Code — C-46 487.2
Restriction on publication 487.2 If a search warrant is issued under section 487 or a search is made under such a warrant, everyone who publishes in any document, or broadcasts or transmits in any way, any information with respect to (a) the location of the place searched or to be searched, or (b) the identity of any person who is or appears to occupy or be in possession or control of that place or who is suspected of being involved in any offence in relation to which the warrant was issued, without the consent of every person referred to in paragraph (b) is, unless a charge has been laid in respect of any offence in relation to which the warrant was issued, guilty of an offence punishable on summary conviction. R.S., 1985, c. 27 (1st Supp.), s. 69; 2005, c. 32, s. 16 2022, c. 17, s. 23
Criminal Code — C-46 487.3
Order denying access to information 487.3 (1) On application made at the time an application is made for a warrant under this or any other Act of Parliament, an order under any of sections 487.013 to 487.018 or an authorization under section 529 or 529.4, or at a later time, a justice, a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec may make an order prohibiting access to, and the disclosure of, any information relating to the warrant, order or authorization on the ground that (a) the ends of justice would be subverted by the disclosure for one of the reasons referred to in subsection (2) or the information might be used for an improper purpose; and (b) the reason referred to in paragraph (a) outweighs in importance the access to the information. Reasons (2) For the purposes of paragraph (1)(a), an order may be made under subsection (1) on the ground that the ends of justice would be subverted by the disclosure (a) if disclosure of the information would (i) compromise the identity of a confidential informant, (ii) compromise the nature and extent of an ongoing investigation, (iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, (iii.1) be injurious to international relations, national defence or national security, or (iv) prejudice the interests of an innocent person; and (b) for any other sufficient reason. Procedure (3) Where an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the justice or judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the justice or judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the justice or judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4). Application for variance of order (4) An application to terminate the order or vary any of its terms and conditions may be made to the justice or judge who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant or production order was obtained may be held. 1997, c. 23, s. 14, c. 39, s. 1; 2004, c. 3, s. 8; 2014, c. 31, s. 22 2024, c. 16, s. 100
Criminal Code — C-46 488
Execution of search warrant 488 A warrant issued under section 487 shall be executed by day, unless (a) the justice is satisfied that there are reasonable grounds for it to be executed by night; (b) the reasonable grounds are included in the information; and (c) the warrant authorizes that it be executed by night. R.S., 1985, c. C-46, s. 488; R.S., 1985, c. 27 (1st Supp.), s. 70; 1997, c. 18, s. 47 2022, c. 17, s. 24
Criminal Code — C-46 488.01
r order; and (b) place any document obtained pursuant to the warrant, authorization or order in a sealed packet and keep it in a place to which the public has no access. Powers of judge (10) On an application under subsection (9), the judge may (a) confirm the warrant, authorization or order if the judge is of the opinion that no additional conditions to protect the confidentiality of journalistic sources and to limit the disruption of journalistic activities should be imposed; (b) vary the warrant, authorization or order to impose any conditions that the judge considers appropriate to protect the confidentiality of journalistic sources and to limit the disruption of journalistic activities; (c) if the judge considers it necessary to protect the confidentiality of journalistic sources, order that some or all documents that were or will be obtained pursuant to the warrant, authorization or order are to be dealt with in accordance with section 488.02; or (d) revoke the warrant, authorization or order if the judge is of the opinion that the applicant knew or ought reasonably to have known that the application for the warrant, authorization or order related to a journalist’s communications or an object, document or data relating to or in the possession of a journalist. 2017, c. 22, s. 3 2022, c. 17, s. 25
Criminal Code — C-46
data has the same meaning as in section 487.011. ( données )
Criminal Code — C-46
document has the same meaning as in section 487.011. ( document )
Criminal Code — C-46
journalist has the same meaning as in subsection 39.1(1) of the Canada Evidence Act . ( journaliste )
Criminal Code — C-46
journalistic source has the same meaning as in subsection 39.1(1) of the Canada Evidence Act . ( source journalistique )
Criminal Code — C-46
officer means a peace officer or public officer. ( fonctionnaire )
Criminal Code — C-46 488.02
Documents 488.02 (1) Any document obtained pursuant to a warrant, authorization or order issued in accordance with subsection 488.01(3), or that is the subject of an order made under subsection 488.01(6) or paragraph 488.01(10)(c), is to be placed in a packet and sealed by the court that issued the warrant, authorization or order and is to be kept in the custody of the court in a place to which the public has no access or in such other place as the judge may authorize and is not to be dealt with except in accordance with this section. Notice (2) No officer is to examine or reproduce, in whole or in part, a document referred to in subsection (1) without giving the journalist and relevant media outlet notice of his or her intention to examine or reproduce the document. Application (3) The journalist or relevant media outlet may, within 10 days of receiving the notice referred to in subsection (2), apply to a judge of the court that issued the warrant, authorization or order to issue an order that the document is not to be disclosed to an officer on the grounds that the document identifies or is likely to identity a journalistic source. Disclosure: prohibition (4) A document that is subject to an application under subsection (3) is to be disclosed to an officer only following a disclosure order in accordance with paragraph (7)(b). Disclosure order (5) The judge may order the disclosure of a document only if he or she is satisfied that (a) there is no other way by which the information can reasonably be obtained; and (b) the public interest in the investigation and prosecution of a criminal offence outweighs the journalist’s right to privacy in gathering and disseminating information. Examination (6) The judge may, if he or she considers it necessary, examine a document to determine whether it should be disclosed. Order (7) The judge must, (a) if he or she is of the opinion that the document should not be disclosed, order that it be returned to the journalist or the media outlet, as the case may be; or (b) if he or she is of the opinion that the document should be disclosed, order that it be delivered to the officer who gave the notice under subsection (2), subject to such restrictions and conditions as the judge deems appropriate. 2017, c. 22, s. 3
Criminal Code — C-46 488.1
e unless the client consents to its admission in evidence or the privilege is otherwise lost. Order to custodian to deliver (6) Where a document has been seized and placed in custody under subsection (2) and a judge, on the application of the Attorney General, is satisfied that no application has been made under paragraph (3)(a) or that following such an application no further application has been made under paragraph (3)(c), the judge shall order the custodian to deliver the document to the officer who seized the document or to some other person designated by the Attorney General. Application to another judge (7) Where the judge to whom an application has been made under paragraph (3)(c) cannot act or continue to act under this section for any reason, subsequent applications under that paragraph may be made to another judge. Prohibition (8) No officer shall examine, make copies of or seize any document without affording a reasonable opportunity for a claim of solicitor-client privilege to be made under subsection (2). Authority to make copies (9) At any time while a document is in the custody of a custodian under this section, a judge may, on an ex parte application of a person claiming a solicitor-client privilege under this section, authorize that person to examine the document or make a copy of it in the presence of the custodian or the judge, but any such authorization shall contain provisions to ensure that the document is repackaged and that the package is resealed without alteration or damage. Hearing in private (10) An application under paragraph (3)(c) shall be heard in private. Exception (11) This section does not apply in circumstances where a claim of solicitor-client privilege may be made under the Income Tax Act or under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act . R.S., 1985, c. 27 (1st Supp.), s. 71; 2000, c. 17, s. 89; 2001, c. 41, s. 80
Criminal Code — C-46
custodian means a person in whose custody a package is placed pursuant to subsection (2); ( gardien )
Criminal Code — C-46
document , for the purposes of this section, has the same meaning as in section 321; ( document )
Criminal Code — C-46
judge means a judge of a superior court of criminal jurisdiction of the province where the seizure was made; ( juge )
Criminal Code — C-46
lawyer means, in the Province of Quebec, an advocate, lawyer or notary and, in any other province, a barrister or solicitor; ( avocat )
Criminal Code — C-46 489
Seizure of things not specified 489 (1) Every person who executes a warrant may seize, in addition to the things mentioned in the warrant, any thing that the person believes on reasonable grounds (a) has been obtained by the commission of an offence against this or any other Act of Parliament; (b) has been used in the commission of an offence against this or any other Act of Parliament; or (c) will afford evidence in respect of an offence against this or any other Act of Parliament. Seizure without warrant (2) Every peace officer, and every public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, who is lawfully present in a place pursuant to a warrant or otherwise in the execution of duties may, without a warrant, seize any thing that the officer believes on reasonable grounds (a) has been obtained by the commission of an offence against this or any other Act of Parliament; (b) has been used in the commission of an offence against this or any other Act of Parliament; or (c) will afford evidence in respect of an offence against this or any other Act of Parliament. R.S., 1985, c. C-46, s. 489; R.S., 1985, c. 27 (1st Supp.), s. 72, c. 42 (4th Supp.), s. 3; 1993, c. 40, s. 16; 1997, c. 18, s. 48
Criminal Code — C-46 489.1
Restitution of thing or report 489.1 (1) Subject to this or any other Act of Parliament, if a peace officer has seized anything under a warrant issued under this Act, under section 487.11 or 489, or otherwise in the execution of duties under this or any other Act of Parliament, the peace officer shall, as soon as is practicable, (a) return the thing seized, on being issued a receipt for it, to the person lawfully entitled to its possession and report to a justice having jurisdiction in respect of the matter and, in the case of a warrant, jurisdiction in the province in which the warrant was issued, if the peace officer is satisfied that (i) there is no dispute as to who is lawfully entitled to possession of the thing seized, and (ii) the continued detention of the thing seized is not required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding; or (b) bring the thing seized before a justice referred to in paragraph (a), or report to the justice that the thing has been seized and is being detained, to be dealt with in accordance with subsection 490(1), if the peace officer is not satisfied as described in subparagraphs (a)(i) and (ii). Person other than peace officer (2) Subject to this or any other Act of Parliament, if a person other than a peace officer has seized anything under a warrant issued under this Act, under section 487.11 or 489, or otherwise in the execution of duties under this or any other Act of Parliament, that person shall, as soon as is practicable and so that the thing seized may be dealt with in accordance with subsection 490(1), (a) bring the thing before a justice having jurisdiction in respect of the matter and, in the case of a warrant, jurisdiction in the province in which the warrant was issued; or (b) report to the justice referred to in paragraph (a) that the thing has been seized and is being detained. Form (3) A report to a justice under this section shall be in Form 5.2, varied to suit the case. R.S., 1985, c. 27 (1st Supp.), s. 72; 1993, c. 40, s. 17; 1997, c. 18, s. 49 2022, c. 17, s. 26
Criminal Code — C-46 490
section (8), (9), (9.1) or (11) may appeal from the order (a) to the court of appeal as defined in section 673 if the order was made by a judge of a superior court of criminal jurisdiction, in which case sections 678 to 689 apply with any modifications that the circumstances require; or (b) to the appeal court as defined in section 812 in any other case, in which case sections 813 to 828 apply with any modifications that the circumstances require. Waiver of notice (18) Any person to whom three days notice must be given under paragraph (2)(a) or (3)(a) or subsection (7), (10) or (15) may agree that the application for which the notice is given be made before the expiration of the three days. R.S., 1985, c. C-46, s. 490; R.S., 1985, c. 27 (1st Supp.), s. 73; 1994, c. 44, s. 38; 1997, c. 18, s. 50; 2008, c. 18, s. 14; 2017, c. 7, s. 63(F)
Criminal Code — C-46 490.01
Perishable things 490.01 Where any thing seized pursuant to this Act is perishable or likely to depreciate rapidly, the person who seized the thing or any other person having custody of the thing (a) may return it to its lawful owner or the person who is lawfully entitled to possession of it; or (b) where, on ex parte application to a justice, the justice so authorizes, may (i) dispose of it and give the proceeds of disposition to the lawful owner of the thing seized, if the lawful owner was not a party to an offence in relation to the thing or, if the identity of that lawful owner cannot be reasonably ascertained, the proceeds of disposition are forfeited to Her Majesty, or (ii) destroy it. 1997, c. 18, s. 51; 1999, c. 5, s. 17
Criminal Code — C-46 490.011
re given an adult sentence within the meaning of that subsection for the offence; or (b) within the meaning of subsection 2(1) of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, unless they are convicted of the offence in ordinary court within the meaning of that subsection. 2004, c. 10, s. 20; 2005, c. 43, s. 6; 2007, c. 5, s. 11; 2008, c. 6, s. 36; 2010, c. 3, s. 7, c. 17, s. 4; 2012, c. 1, ss. 31, 141; 2014, c. 25, s. 25 2019, c. 17, s. 4 2019, c. 25, s. 202 2023, c. 28, s. 6 2023, c. 28, s. 48.1 2024, c. 23, s. 8
Criminal Code — C-46
crime of a sexual nature means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act . ( crimes de nature sexuelle )
Criminal Code — C-46
database has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act . ( banque de données )
Criminal Code — C-46
designated offence means a primary offence or a secondary offence. ( infraction désignée )
Criminal Code — C-46
Ontario Act means Christopher’s Law (Sex Offender Registry), 2000 , S.O. 2000, c. 1. ( loi ontarienne )
Criminal Code — C-46
pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked. ( pardon )
Criminal Code — C-46
record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act , that has not been revoked or ceased to have effect. ( suspension du casier )
Criminal Code — C-46
registration centre has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act . ( bureau d’inscription )
Criminal Code — C-46
Review Board means the Review Board established or designated for a province under subsection 672.38(1). ( commission d’examen )
Criminal Code — C-46 (a)
secondary offence means (a) an offence under any of the following provisions: (i) section 162 (voyeurism), (ii) subsection 173(1) (indecent acts), (iii) section 177 (trespassing at night), (iv) section 231 (murder), (v) section 234 (manslaughter), (vi) paragraph 245(1)(a) (administering noxious thing with intent to endanger life or cause bodily harm), (vii) paragraph 245(1)(b) (administering noxious thing with intent to aggrieve or annoy), (viii) section 246 (overcoming resistance to commission of offence), (ix) section 264 (criminal harassment), (x) section 279 (kidnapping), (xi) section 279.01 (trafficking in persons), (xii) subsection 279.02(1) (material benefit  —  trafficking), (xiii) subsection 279.03(1) (withholding or destroying documents  —  trafficking), (xiv) section 280 (abduction of a person under age of sixteen), (xv) section 281 (abduction of a person under age of fourteen), (xvi) subsection 286.1(1) (obtaining sexual services for consideration), (xvii) subsection 286.2(1) (material benefit from sexual services), (xviii) subsection 286.3(1) (procuring), (xix) section 346 (extortion), (xx) paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence), (xxi) paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence), (xxii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and (xxiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence); or (b) an attempt or conspiracy to commit an offence referred to in paragraph (a). ( infraction secondaire )
Criminal Code — C-46
verdict of not criminally responsible on account of mental disorder means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act , as the case may be. ( verdict de non-responsabilité )
Criminal Code — C-46 490.013
Date order begins 490.013 (1) An order made under section 490.012 begins on the day on which it is made. Duration of order — s. 490.012(1) or (3) (2) An order made under subsection 490.012(1) or (3) (a) subject to subsections (3) and (5), ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years; (b) subject to subsections (3) and (5), ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and (c) applies for life if the maximum term of imprisonment for the offence is life. (2.1) [Repealed, 2023, c. 28, s. 8] Duration of order — offences in same proceeding (3) An order made under subsection 490.012(1) or (3) applies for life if (a) in the same proceeding, the person has been convicted of, or a verdict of not criminally responsible on account of mental disorder is rendered for, two or more designated offences in connection with which an order under any of subsections 490.012(1) to (3) may be made; and (b) the court is satisfied that those offences demonstrate, or form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature. If court not satisfied (4) If paragraph (3)(a) applies in the circumstances but the court is not satisfied as set out in paragraph (3)(b), the duration of the order is determined by applying paragraphs (2)(a) to (c) to the designated offence with the longest maximum term of imprisonment. Duration of order — other order or obligation (5) An order made under subsection 490.012(1) or (3) applies for life if the person (a) was previously convicted of, or previously received a verdict of not criminally responsible on account of mental disorder for, a primary offence or an offence under section 130 of the National Defence Act in respect of a primary offence; or (b) is, or was at any time, the subject of an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act . Duration of order — s. 490.012(2) (6) An order made under subsection 490.012(2) applies for life. 2004, c. 10, s. 20; 2007, c. 5, s. 14; 2010, c. 17, s. 6; 2014, c. 25, s. 27 2023, c. 28, s. 8
Criminal Code — C-46 490.0131
Reasons 490.0131 The court shall (a) state the designated offence, and the term of imprisonment imposed for it, that form the basis of an order made under subsection 490.012(1); and (b) give reasons for a decision under subsection 490.012(3) or paragraph 490.013(3)(b). 2023, c. 28, s. 9
Criminal Code — C-46 490.0132
Failure to make order 490.0132 If the court does not consider the matter under any of subsections 490.012(1) to (3) at the time the sentence is imposed, or a verdict of not criminally responsible on account of mental disorder is rendered, for a primary offence, the court (a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so; (b) retains jurisdiction over the matter; (c) may require the person to appear at the hearing by videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel; and (d) may issue a summons in Form 6.3 to compel the attendance of the person at the hearing. 2023, c. 28, s. 9
Criminal Code — C-46 490.014
Appeal 490.014 The prosecutor, or a person who is subject to an order made under section 490.012, may appeal from a decision of the court under section 490.012 or 490.013 on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may (a) dismiss the appeal; or (b) allow the appeal and order a new hearing, quash or amend the order or make an order that may be made under section 490.012. 2004, c. 10, s. 20; 2010, c. 17, s. 7 2023, c. 28, s. 9