GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 184.4
Immediate interception — imminent harm 184.4 A police officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if the police officer has reasonable grounds to believe that (a) the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part; (b) the interception is immediately necessary to prevent an offence that would cause serious harm to any person or to property; and (c) either the originator of the private communication or the person intended by the originator to receive it is the person who would commit the offence that is likely to cause the harm or is the victim, or intended victim, of the harm. 1993, c. 40, s. 4; 2013, c. 8, s. 3
Criminal Code — C-46 184.5
Interception of radio-based telephone communications 184.5 (1) Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. Other provisions to apply (2) Section 183.1, subsection 184(2) and sections 184.1 to 190 and 194 to 196 apply, with such modifications as the circumstances require, to interceptions of radio-based telephone communications referred to in subsection (1). 1993, c. 40, s. 4 2019, c. 25, s. 65
Criminal Code — C-46 184.6
One application for authorization sufficient 184.6 For greater certainty, an application for an authorization under this Part may be made with respect to both private communications and radio-based telephone communications at the same time. 1993, c. 40, s. 4
Criminal Code — C-46 185
fidavit evidence submitted in support of the application referred to in subsection (2), the judge is of the opinion that the interests of justice warrant the granting of the application, he shall fix a period, not exceeding three years, in substitution for the period mentioned in subsection 196(1). If extension not granted (4) If the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or if the judge fixes a shorter period than the one set out in the application referred to in subsection (2), the person submitting the application for the authorization may withdraw that application and, if it is withdrawn, the judge shall not proceed to consider it or to give the authorization and shall destroy, or return to that person, both applications and all other material pertaining to them. R.S., 1985, c. C-46, s. 185; 1993, c. 40, s. 5; 1997, c. 18, s. 8, c. 23, s. 4; 2001, c. 32, s. 5, c. 41, ss. 6, 133; 2005, c. 10, ss. 22, 34; 2014, c. 17, s. 3 2022, c. 17, s. 7 2024, c. 16, s. 63
Criminal Code — C-46 186
f an authorization may be given by a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 on receipt by him or her of an ex parte application in writing signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness — or an agent specially designated in writing for the purposes of section 185 by the Minister or the Attorney General, as the case may be — accompanied by an affidavit of a peace officer or public officer deposing to the following matters: (a) the reason and period for which the renewal is required, (b) full particulars, together with times and dates, when interceptions, if any, were made or attempted under the authorization, and any information that has been obtained by any interception, and (c) the number of instances, if any, on which, to the knowledge and belief of the deponent, an application has been made under this subsection in relation to the same authorization and on which the application was withdrawn or no renewal was given, the date on which each application was made and the name of the judge to whom each application was made, and supported by such other information as the judge may require. Renewal (7) A renewal of an authorization may be given if the judge to whom the application is made is satisfied that any of the circumstances described in subsection (1) still obtain, but no renewal shall be for a period exceeding sixty days. Related warrant or order (8) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization. R.S., 1985, c. C-46, s. 186; 1993, c. 40, s. 6; 1997, c. 23, s. 5; 1999, c. 5, s. 5; 2001, c. 32, s. 6, c. 41, ss. 6.1, 133; 2005, c. 10, ss. 23, 34; 2014, c. 17, s. 4, c. 31, s. 9 2024, c. 16, s. 64
Criminal Code — C-46 186.1
Time limitation in relation to criminal organizations and terrorism offences 186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to (a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13; (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; (b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act ; or (c) a terrorism offence. 1997, c. 23, s. 6; 2001, c. 32, s. 7, c. 41, ss. 7, 133; 2014, c. 17, s. 5 2024, c. 16, s. 65
Criminal Code — C-46 187
ction (4), the accused shall be provided with an edited copy of the document. Original documents to be returned (6) After the accused has received an edited copy of a document, the prosecutor shall keep a copy of the original document, and an edited copy of the document and the original document shall be returned to the packet and the packet resealed. Deleted parts (7) An accused to whom an edited copy of a document has been provided pursuant to subsection (5) may request that the judge before whom the trial is to be held order that any part of the document deleted by the prosecutor be made available to the accused, and the judge shall order that a copy of any part that, in the opinion of the judge, is required in order for the accused to make full answer and defence and for which the provision of a judicial summary would not be sufficient, be made available to the accused. Documents to be kept secret — related warrant or order (8) The rules provided for in this section apply to all documents relating to a request for a related warrant or order referred to in subsection 184.2(5), 186(8) or 188(6) with any necessary modifications. R.S., 1985, c. C-46, s. 187; R.S., 1985, c. 27 (1st Supp.), s. 24; 1993, c. 40, s. 7; 2005, c. 10, s. 24; 2014, c. 31, s. 10 2022, c. 17, s. 8
Criminal Code — C-46 188.1
Execution in Canada 188.1 An authorization given under section 184.2, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed. 1993, c. 40, s. 9 2019, c. 25, s. 66 2022, c. 17, s. 9
Criminal Code — C-46 188.2
No civil or criminal liability 188.2 No person who acts in accordance with an authorization or under section 184.1 or 184.4 or who aids, in good faith, a person who he or she believes on reasonable grounds is acting in accordance with an authorization or under one of those sections incurs any criminal or civil liability for anything reasonably done further to the authorization or to that section. 1993, c. 40, s. 9
Criminal Code — C-46 189
189 (1) to (4) [Repealed, 1993, c. 40, s. 10] Notice of intention to produce evidence (5) The contents of a private communication that is obtained from an interception of the private communication pursuant to any provision of, or pursuant to an authorization given under, this Part shall not be received in evidence unless the party intending to adduce it has given to the accused reasonable notice of the intention together with (a) a transcript of the private communication, where it will be adduced in the form of a recording, or a statement setting out full particulars of the private communication, where evidence of the private communication will be given viva voce ; and (b) a statement respecting the time, place and date of the private communication and the parties thereto, if known. Privileged evidence (6) Any information obtained by an interception that, but for the interception, would have been privileged remains privileged and inadmissible as evidence without the consent of the person enjoying the privilege. R.S., 1985, c. C-46, s. 189; 1993, c. 40, s. 10
Criminal Code — C-46 190
Further particulars 190 Where an accused has been given notice pursuant to subsection 189(5), any judge of the court in which the trial of the accused is being or is to be held may at any time order that further particulars be given of the private communication that is intended to be adduced in evidence. 1973-74, c. 50, s. 2
Criminal Code — C-46 191
Possession, etc. 191 (1) Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction. Exemptions (2) Subsection (1) does not apply to (a) a police officer in possession of a device or component described in subsection (1) in the course of his employment; (b) a person in possession of such a device or component for the purpose of using it in an interception made or to be made in accordance with an authorization; (b.1) a person in possession of such a device or component under the direction of a police officer in order to assist that officer in the course of his duties as a police officer; (c) an officer or a servant of Her Majesty in right of Canada or a member of the Canadian Forces in possession of such a device or component in the course of his duties as such an officer, servant or member, as the case may be; and (d) any other person in possession of such a device or component under the authority of a licence issued by the Minister of Public Safety and Emergency Preparedness. Terms and conditions of licence (3) A licence issued for the purpose of paragraph (2)(d) may contain such terms and conditions relating to the possession, sale or purchase of a device or component described in subsection (1) as the Minister of Public Safety and Emergency Preparedness may prescribe. R.S., 1985, c. C-46, s. 191; R.S., 1985, c. 27 (1st Supp.), s. 26; 2005, c. 10, s. 34; 2013, c. 8, s. 4 2019, c. 25, s. 67
Criminal Code — C-46 192
Forfeiture 192 (1) Where a person is convicted of an offence under section 184 or 191, any electro-magnetic, acoustic, mechanical or other device by means of which the offence was committed or the possession of which constituted the offence, on the conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty whereupon it may be disposed of as the Attorney General directs. Limitation (2) No order for forfeiture shall be made under subsection (1) in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person by means of which an offence under section 184 has been committed if that person was not a party to the offence. 1973-74, c. 50, s. 2
Criminal Code — C-46 193
Disclosure of information 193 (1) If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly (a) uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it, or (b) discloses the existence of the private communication. Punishment (1.1) Every person who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than two years; or (b) an offence punishable on summary conviction. Exemptions (2) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication (a) in the course of or for the purpose of giving evidence in any civil or criminal proceedings or in any other proceedings in which the person may be required to give evidence on oath; (b) in the course of or for the purpose of any criminal investigation if the private communication was lawfully intercepted; (c) in giving notice under section 189 or furnishing further particulars pursuant to an order under section 190; (d) in the course of the operation of (i) a telephone, telegraph or other communication service to the public, (ii) a department or an agency of the Government of Canada, or (iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2), if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e); (e) where disclosure is made to a peace officer or prosecutor in Canada or to a person or authority with responsibility in a foreign state for the investigation or prosecution of offences and is intended to be in the interests of the administration of justice in Canada or elsewhere; or (f) where the disclosure is made to the Director of the Canadian Security Intelligence Service or to an employee of the Service for the purpose of enabling the Service to perform its duties and functions under section 12 of the Canadian Security Intelligence Service Act . Publishing of prior lawful disclosure (3) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication where that which is disclosed by him was, prior to the disclosure, lawfully disclosed in the course of or for the purpose of giving evidence in proceedings referred to in paragraph (2)(a). R.S., 1985, c. C-46, s. 193; R.S., 1985, c. 30 (4th Supp.), s. 45; 1993, c. 40, s. 11; 2004, c. 12, s. 5 2019, c. 25, s. 68
Criminal Code — C-46 193.1
Disclosure of information received from interception of radio-based telephone communications 193.1 (1) Every person who knowingly uses or discloses a radio-based telephone communication or who knowingly discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction, if (a) the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made; (b) the communication was intercepted by means of an electromagnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of the communication or of the person intended by the originator to receive the communication; and (c) the person does not have the express or implied consent of the originator of the communication or of the person intended by the originator to receive the communication. Other provisions to apply (2) Subsections 193(2) and (3) apply, with such modifications as the circumstances require, to disclosures of radio-based telephone communications. 1993, c. 40, s. 12 2019, c. 25, s. 69
Criminal Code — C-46 194
Damages 194 (1) Subject to subsection (2), a court that convicts an accused of an offence under section 184, 184.5, 193 or 193.1 may, on the application of a person aggrieved, at the time sentence is imposed, order the accused to pay to that person an amount not exceeding five thousand dollars as punitive damages. No damages where civil proceedings commenced (2) No amount shall be ordered to be paid under subsection (1) to a person who has commenced an action under Part II of the Crown Liability Act . Judgment may be registered (3) Where an amount that is ordered to be paid under subsection (1) is not paid forthwith, the applicant may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the accused in the same manner as if it were a judgment rendered against the accused in that court in civil proceedings. Moneys in possession of accused may be taken (4) All or any part of an amount that is ordered to be paid under subsection (1) may be taken out of moneys found in the possession of the accused at the time of his arrest, except where there is a dispute respecting ownership of or right of possession to those moneys by claimants other than the accused. R.S., 1985, c. C-46, s. 194; 1993, c. 40, s. 13
Criminal Code — C-46 195
n applied and to the interceptions made under those authorizations in the immediately preceding year; and (c) interceptions made under section 184.4 in the immediately preceding year, if the interceptions relate to an offence not referred to in paragraph (1)(c). The report must set out, with any modifications that the circumstances require, the information described in subsections (2) to (3). R.S., 1985, c. C-46, s. 195; R.S., 1985, c. 27 (1st Supp.), s. 27; 2005, c. 10, s. 34; 2013, c. 8, s. 5; 2015, c. 20, s. 20
Criminal Code — C-46 196.1
Written notice — interception in accordance with section 184.4 196.1 (1) Subject to subsections (3) and (5), the Attorney General of the province in which a police officer intercepts a private communication under section 184.4 or, if the interception relates to an offence for which proceedings may be commenced by the Attorney General of Canada, the Minister of Public Safety and Emergency Preparedness shall give notice in writing of the interception to any person who was the object of the interception within 90 days after the day on which it occurred. Extension of period for notification (2) The running of the 90-day period or of any extension granted under subsection (3) or (5) is suspended until any application made by the Attorney General of the province or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period has been heard and disposed of. Where extension to be granted (3) The judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — each extension not to exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that one of the following investigations is continuing: (a) the investigation of the offence to which the interception relates; or (b) a subsequent investigation of an offence commenced as a result of information obtained from the investigation referred to in paragraph (a). Application to be accompanied by affidavit (4) An application shall be accompanied by an affidavit deposing to (a) the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and (b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under subsection (2) in relation to the particular interception and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made. Exception — criminal organization or terrorism offence (5) Despite subsection (3), the judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — each extension not to exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that the interception of the communication relates to an investigation of (a) an offence under section 52, 52.1, 52.2, 467.11, 467.12 or 467.13; (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; (b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act ; or (c) a terrorism offence. 2013, c. 8, s. 6 2024, c. 16, s. 67
Criminal Code — C-46
bet means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada; ( pari )
Criminal Code — C-46
common bawdy-house [Repealed, 2019, c. 25, s. 69.1]
Criminal Code — C-46 (a)
common betting house means a place that is opened, kept or used for the purpose of (a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or (b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting; ( maison de pari )
Criminal Code — C-46 (a)
common gaming house means a place that is (a) kept for gain to which persons resort for the purpose of playing games, or (b) kept or used for the purpose of playing games (i) in which a bank is kept by one or more but not all of the players, (ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place, (iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or (iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game; ( maison de jeu )
Criminal Code — C-46
disorderly house means a common betting house or a common gaming house; ( maison de désordre )
Criminal Code — C-46
game means a game of chance or mixed chance and skill; ( jeu )
Criminal Code — C-46
gaming equipment means anything that is or may be used for the purpose of playing games or for betting; ( matériel de jeu )
Criminal Code — C-46 (a)
keeper includes a person who (a) is an owner or occupier of a place, (b) assists or acts on behalf of an owner or occupier of a place, (c) appears to be, or to assist or act on behalf of an owner or occupier of a place, (d) has the care or management of a place, or (e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof; ( tenancier )
Criminal Code — C-46 (a)
place includes any place, whether or not (a) it is covered or enclosed, (b) it is used permanently or temporarily, or (c) any person has an exclusive right of user with respect to it; ( local ou endroit )
Criminal Code — C-46
prostitute [Repealed, 2014, c. 25, s. 12]
Criminal Code — C-46
public place includes any place to which the public have access as of right or by invitation, express or implied. ( endroit public )