INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the process for renewing authorization for interceptions under exceptional circumstances.
SECTION WORDING
186(6) Renewals of 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application has been made under this subsection in relation to the same authorization and on which the application was withdrawn or no renewal was given, the date on which each application was made and the name of the judge to whom each application was made, and supported by such other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.
EXPLANATION
Section 186(6) of the Criminal Code of Canada outlines the process for renewing an authorization for interception of private communication. This section specifies that renewals can be granted by a superior court judge or a judge as defined in section 552. Renewals are granted on receipt of an ex parte (i.e. unilateral and without the participation of the other party) written application signed by the Attorney General of the province where the application is made or the Minister of Public Safety and Emergency Preparedness. The application for renewal must be accompanied by an affidavit from a peace officer or public officer outlining the reasons for the renewal, the period for which it is required, and full particulars, including times and dates, of any previous interceptions made under the authorization. The affidavit must also specify the number of instances where an application for renewal has been made in relation to the same authorization, the date of each application, and the name of the judge to whom each application was made. The judge may require additional supporting information before granting a renewal. This section ensures that the interception of private communication is done in accordance with the law and only in necessary situations. It also provides oversight through the involvement of a judge in the renewal process.
COMMENTARY
Section 186(6) of the Criminal Code of Canada lays out the criteria and process for renewing an authorization for the interception of private communications. The section clearly states that such renewals can only be given by a superior court judge or an authorized judge defined in section 552 upon receipt of an ex parte application in writing that is signed by the relevant authority. The renewal application must also be accompanied by an affidavit from a peace or public officer that details the reasons for renewal, the period for which the renewal is required, and any relevant information about past interceptions or attempted interceptions. Overall, the purpose of this section is to ensure that any surveillance activities are authorized and regulated by the proper authorities. The renewal process acts as a safeguard, ensuring that a renewed authorization is necessary and justified for continued interceptions of private communications. One key aspect of this section is the requirement for an ex parte application, meaning that the application must be made in the absence of representatives from the party whose communications are being intercepted. This ensures that the renewal application is not biased or influenced in any way by outside parties. Additionally, it highlights the need for caution and due diligence in obtaining and renewing surveillance authorizations. Another important aspect of this section is the requirement for a signed affidavit from a peace or public officer. This affidavit provides additional information to the judge who is considering the renewal application. The affidavit must detail key information about past interceptions or attempted interceptions, giving the judge a better understanding of how the authorization has been used in the past. The peace or public officer must also provide full particulars, including dates and times of any interceptions, and any information obtained through these interceptions. Finally, the section also requires that the renewal application is accompanied by any other information that the judge may require. This gives the judge the discretion to request additional information or clarification on any aspect of the renewal application, ensuring that the decision to renew the authorization is made based on the most complete and accurate information available. In conclusion, Section 186(6) of the Criminal Code of Canada provides a clear framework for the renewal of surveillance authorizations. This section is designed to ensure that surveillance activities are properly authorized and regulated, providing safeguards to protect against abuses of power. The renewal process highlights the need for caution and due diligence when obtaining and renewing surveillance authorizations, with clear criteria and requirements for any renewal applications.
STRATEGY
Section 186(6) of the Criminal Code of Canada is a critical provision in the lawful interception of electronic communications. This section establishes the legal framework for renewing authorizations for interception and outlines the specific requirements that must be met when seeking a renewal. Strategic considerations when dealing with this section of the Criminal Code of Canada are numerous, and the following are a few strategies that can be employed. First of all, it is essential to ensure that the authorization for interception is only renewed for appropriate reasons. This means that the renewal application must outline clearly why the renewal is required and for what period. For instance, if the original authorization was based on the suspicion of an imminent crime, the renewal application must demonstrate that the threat still persists. Any evidence obtained through previous interceptions must be presented, and the application must make it clear why the renewal is not an abuse of power. Secondly, it is critical to ensure that the renewal application contains accurate and complete information. This includes providing full particulars of previous interceptions and the information obtained through those interceptions. Providing this information is crucial because it helps the judge determine the relevance and necessity of the renewal. It also enables the judge to identify any instances of potential abuse of power or violation of privacy rights. Therefore, when preparing a renewal application, it is essential to ensure that all information provided is accurate, complete, and truthful. Thirdly, it is important to ensure that the renewal application is supported by a proper affidavit. An affidavit is a sworn statement that provides the judge with the facts upon which the renewal application is based. The affidavit must be signed by a peace officer or a public officer who has knowledge of the facts and must outline the reason and period for which the renewal is required. Therefore, before submitting a renewal application to a judge, ensure that the supporting affidavit is accurate, truthful, and contains all the necessary information. Fourthly, it is crucial to ensure that the renewal application is made ex parte and in writing. This means that the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness must sign the renewal application, and it must be made in writing. An ex parte application is one where only one of the parties (in this case, the government) can make submissions. The judge can then decide whether to grant or deny the renewal based on the information presented in the written application. The renewal application must be made in writing because it provides a clear record of the application. Finally, it is essential to ensure that the renewal application is accompanied by any additional information that the judge may require. The judge has the power to ask for additional information before making a decision on the renewal application. Therefore, it is critical to prepare a renewal application that is comprehensive and includes all relevant information. The more information that is provided, the easier it will be for the judge to make an informed decision. In conclusion, dealing with section 186(6) of the Criminal Code of Canada requires careful consideration and strict adherence to the requirements set out in the section. A successful renewal application is one that is supported by accurate, complete, and truthful information, is made ex parte and in writing, and is accompanied by a proper affidavit. Therefore, before submitting a renewal application, it is essential to ensure that all these requirements have been met, and the application contains all the necessary information.