section 196.1(4)

INTRODUCTION AND BRIEF DESCRIPTION

An application for an interception extension must be accompanied by an affidavit detailing relevant facts and previous unsuccessful applications.

SECTION WORDING

196.1(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deponent, been made under subsection (2) in relation to the particular interception and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made.

EXPLANATION

Section 196.1(4) of the Criminal Code of Canada is aimed at regulating the conditions under which an application for an extension of a previously authorized interception order can be made. In order to make such an application, an individual must submit an affidavit detailing the facts known or believed by the applicant to justify the belief that an extension should be granted. In doing so, the applicant must provide a detailed account of the number of previous applications that have been made in relation to the same interception and the outcomes of those applications. This affidavit requirement serves to ensure that an applicant seeking an extension has a legitimate reason for doing so. By providing a detailed account of the facts that have emerged in relation to a particular interception, an applicant must demonstrate that there is a need for continued surveillance. Furthermore, by requiring that the applicant detail the number of previous applications, the Criminal Code of Canada aims to prevent abuse of the interception process. Overall, the requirements set out in Section 196.1(4) of the Criminal Code of Canada help to ensure that the interception of communication is conducted in a transparent and accountable manner. By requiring applicants to provide detailed affidavits, the Criminal Code of Canada aims to safeguard against unnecessary surveillance, and protect the privacy rights of individuals.

COMMENTARY

Section 196.1(4) of the Criminal Code of Canada lays out the requirements for obtaining an extension of an interception authorization. It is a crucial provision that ensures that any extension granted is done with due diligence, and that the court is satisfied with the justification for the extension. The section requires that any application for an extension must be accompanied by an affidavit that provides specific and detailed information about the interception and the reasons for seeking an extension. The affidavit must contain information that supports the belief that an extension is necessary. This information must be factual and must not be based on speculation or assumptions. This is to ensure that the court is presented with credible and reliable evidence to justify the extension. The requirement to depose to the facts known or believed by the deponent is particularly important in this regard, as it compels the deponent to disclose all relevant information that could impact the decision to grant an extension. Additionally, the affidavit must also disclose the number of times a similar application has been made for the same interception. This information is useful in determining whether there is a pattern of abuse or overreach, and whether previous applications have been unsuccessful. The requirement that the date and the judge to whom the previous applications were made also provides relevant context as to why the previous applications were not granted. The language of the section is straightforward and explicit, providing clear guidance to those who are charged with seeking an extension of an interception authorization. This is important as it ensures that all applications for extensions are made consistent with the requirements of the law, and the court can make informed decisions based on factual and credible evidence. In conclusion, section 196.1(4) of the Criminal Code of Canada serves an essential function in ensuring that extensions of interception authorizations are granted only where necessary to further a legitimate law enforcement objective. The affidavit requirement provides a reliable and factual basis for decision-making. The requirement to disclose previous applications, if any, ensures that there is transparency and accountability in the process. This, in turn, promotes public confidence in the administration of justice, which is fundamental to the rule of law.

STRATEGY

Section 196.1(4) of the Criminal Code of Canada outlines the requirements that must be met when seeking a warrant extension for wiretapping or interception of private communications. The section stipulates that an application for an extension must be accompanied by an affidavit that includes specific information about the interception and any previous applications for extension. When dealing with this section of the Criminal Code, there are several strategic considerations that should be taken into account. Firstly, it is important to ensure that all the relevant facts and information are provided in the affidavit. This means that the deponent must have a thorough understanding of the interception and any previous extensions that have been granted. Another key consideration is the potential for the application to be rejected or withdrawn. If an application is rejected or withdrawn, it may be more difficult to obtain future warrants for interceptions. To avoid this, it is important to ensure that the affidavit is accurate and complete, and that any potential issues are addressed upfront. One strategy that could be employed is to engage with the target of the interception in advance of the extension application. This could involve providing notice to the target that an extension is being sought, and giving them an opportunity to respond. By engaging with the target, it may be possible to address any concerns that they have and avoid any potential challenges to the application. Another strategy is to ensure that the judge who will be considering the application is provided with all relevant information and context. This could include providing background information on the case and the reasons why an extension is necessary. By providing a comprehensive overview, the judge may be more likely to grant the extension. It is also important to consider the potential impact on ongoing investigations and the potential exposure of sensitive information. This means taking steps to protect the confidentiality of the interception and ensuring that any information that is disclosed is done so only on a need-to-know basis. Overall, when dealing with section 196.1(4) of the Criminal Code of Canada, it is important to be thorough, transparent, and strategic. By taking these steps, it may be possible to obtain an extension of the warrant and continue the interception without interruption.