section 184.3(6)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a judge to authorize by telephone or other means of telecommunication for up to 36 hours in cases where it is impracticable for the applicant to appear personally before a judge.

SECTION WORDING

184.3(6) Where the judge to whom an application is made under this section is satisfied that the circumstances referred to in paragraphs 184.2(3)(a) to (c) exist and that the circumstances referred to in subsection (2) make it impracticable for the applicant to appear personally before a judge, the judge may, on such terms and conditions, if any, as are considered advisable, give an authorization by telephone or other means of telecommunication for a period of up to thirty-six hours.

EXPLANATION

Section 184.3(6) of the Criminal Code of Canada is a provision that allows law enforcement authorities to obtain a search warrant by telephone or other means of telecommunication in certain situations. This section is particularly useful in cases when it is impracticable for the applicant to appear personally before a judge. The provision outlines that if the judge to whom an application is made is satisfied that the circumstances referred to in paragraphs 184.2(3)(a) to (c) exist, meaning that there are reasonable grounds to believe that an offense has been committed and that evidence relevant to the offense will be found at the place to be searched, the judge may give an authorization by telephone or other means of telecommunication. Additionally, the judge needs to be satisfied that the circumstances referred to in subsection (2) make it impracticable for the applicant to appear personally before a judge. The subsection (2) referred to in this provision deals with the requirement of the Criminal Code that a search warrant can only be issued if the issuing judge is satisfied that there are reasonable and probable grounds to believe that an offense has been committed and that evidence of the offense may be found at the place to be searched. This section ensures that the evidence obtained through such means of communication is admissible in court and that it is not obtained through an arbitrary exercise of police power. The authorization granted under this section is limited to a period of up to thirty-six hours, and can only be given on such terms and conditions as the judge considers advisable. This means that the judge may impose conditions on the authorization, such as the time when the search is to take place, the manner of entry, the types of evidence that can be seized, and any other terms that are necessary to ensure the validity and legality of the search. Overall, this provision provides an efficient and practical way for law enforcement authorities to obtain a search warrant when it is impractical for the applicant to appear before a judge in person. This section provides a balance between the need to protect the privacy and security rights of individuals and the need to ensure law and order.

COMMENTARY

Section 184.3(6) of the Criminal Code of Canada allows for a judge to grant a wiretap authorization by telephone or other means of telecommunication for a period of up to thirty-six hours. This section is part of the larger Canadian Criminal Code which outlines the laws and regulations surrounding criminal offenses in Canada. The purpose of this section is to provide law enforcement officials with an expedited way to obtain a wiretap authorization in situations where circumstances make it impracticable for the applicant to appear personally before a judge. The circumstances referred to in paragraphs 184.2(3)(a) to (c) are situations where there are reasonable grounds to suspect that serious offenses such as terrorism or organized crime are being committed. These circumstances require immediate action and cannot wait for a physical appearance before a judge. The use of telecommunication means for obtaining a wiretap serves as a solution for such situations, as the authorization can be granted quickly without requiring the applicant to physically appear before a judge. The timeframe of the authorization, up to thirty-six hours, aligns with the urgency of the situation, providing law enforcement officials with enough time to gather necessary evidence and information. However, it is important to note that the use of telecommunication means for obtaining a wiretap authorization also raises concerns about privacy and civil liberties. Wiretapping involves the interception of private conversations, and it is crucial to ensure that the privacy rights of individuals are not being undermined in the process. The Canadian Criminal Code addresses these concerns by stipulating that wiretap authorizations can only be obtained in extreme circumstances where other methods of gathering evidence would not be effective. Furthermore, the authorization given by telephone or other telecommunications means should be granted on terms and conditions that are deemed advisable by the judge to ensure that privacy rights are not unnecessarily compromised. Overall, section 184.3(6) of the Canadian Criminal Code serves as a necessary tool for law enforcement officials in situations where urgent action is required. The use of telecommunication means for obtaining wiretap authorizations should be subject to strict regulations and safeguards to ensure that privacy rights are upheld. The balance between privacy rights and the need for law enforcement to gather evidence during emergencies should always be carefully considered to ensure that our society remains just and fair.

STRATEGY

One strategic consideration when dealing with section 184.3(6) of the Criminal Code of Canada is to ensure that the circumstances referred to in paragraphs 184.2(3)(a) to (c) actually exist. These circumstances include reasonable grounds to suspect that an offence has been or will be committed, urgency, and inability to appear before a judge in person. It is important to gather and present strong evidence to support these circumstances, as the judge's decision to grant an authorization by telephone or other means of telecommunication will depend on their satisfaction with this evidence. Another strategic consideration is to carefully consider the terms and conditions of the authorization. The judge has the authority to impose any terms and conditions they consider advisable, so it is important to anticipate what these might be and address them proactively in the application. For example, the judge may require the applicant to provide updates at certain intervals or to report back in person within a certain timeframe. Being prepared to comply with these conditions can help expedite the process and increase the chances of a successful application. One strategy that could be employed when dealing with this section of the Criminal Code of Canada is to seek the advice of an experienced criminal lawyer. A lawyer who is well-versed in this area of the law can guide applicants through the process, provide advice on what evidence to gather, and offer insights into the types of conditions that judges may impose. Additionally, a lawyer can help applicants prepare a strong case and present it in a persuasive manner that is likely to convince the judge to grant the authorization. Another strategy is to be proactive in addressing any potential objections that the judge may have. For example, if the judge is concerned about the reliability of the evidence presented or the urgency of the situation, applicants can provide additional evidence or testimony to address these concerns. Similarly, if the judge is concerned about the applicant's inability to appear in person, applicants can provide evidence of their efforts to do so or make arrangements to appear at the earliest opportunity. In summary, dealing with section 184.3(6) of the Criminal Code of Canada requires careful preparation, a strong understanding of the law, and proactive communication with the judge. By considering these strategic considerations and employing effective strategies, applicants can increase their chances of successfully obtaining an authorization by telephone or other means of telecommunication.