Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 486.5 — Order restricting publication — victims and witnesses
Unless an order is made under section 486.4, on application of the prosecutor in respect of a victim or a witness, or on application of a victim or a witness, a judge or justice may make an order…
Section 486.51 — Application — vary or revoke
If a person who is the subject of an order made under section 486.4 or 486.5 requests that the prosecutor have it varied or revoked, the prosecutor shall, as soon as feasible, make an application to…
Section 486.6 — Offence
Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction. A prosecutor shall…
Section 486.7 — Security of witnesses
In any proceedings against an accused, the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, make any order, other than one that may be made…
Section 487 — Information for search warrant
A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place anything on or in respect of which any…
Section 487.01 — Information for general warrant
A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a warrant in writing authorizing a peace officer to, subject to this…
Section 487.011 — Definitions
The following definitions apply in this section and in sections 487.012 to 487.0199 . computer data has the same meaning as in subsection 342.1 (2). ( données informatiques ) data means…
Section 487.012 — Preservation demand
A peace officer or public officer may make a demand to a person in Form 5.001 requiring them to preserve computer data that is in their possession or control when the demand is made. The peace…
Section 487.013 — Preservation order — computer data
On ex parte application made by a peace officer or public officer, a justice or judge may order a person to preserve computer data that is in their possession or control when they receive the order.…
Section 487.0131 — Keep account open or active order
On ex parte application made by a peace officer or public officer, a justice or judge may order a person to keep an account specified in the order open or active unless the holder of the account…
Section 487.014 — General production order
Subject to sections 487.015 to 487.018 , on ex parte application made by a peace officer or public officer, a justice or judge may order a person to produce a document that is a copy of a document…
Section 487.0141 — Production order — specified dates
On ex parte application made by a peace officer or public officer, a justice or judge may order a person to produce a document that is a copy of a document that is in their possession or control on…
Section 487.015 — Production order to trace specified communication
On ex parte application made by a peace officer or public officer for the purpose of identifying a device or person involved in the transmission of a communication, a justice or judge may order a…
Section 487.016 — Production order — transmission data
On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing transmission data that is in their possession or…
Section 487.017 — Production order — tracking data
On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing tracking data that is in their possession or…
Section 487.018 — Production order — financial data
On ex parte application made by a peace officer or public officer, a justice or judge may order a financial institution, as defined in section 2 of the Bank Act , or a person or entity referred to in…
Section 487.019 — Conditions in preservation and production orders
An order made under any of sections 487.013 to 487.018 may contain any conditions that the justice or judge considers appropriate including, in the case of an order made under section 487.014 or…
Section 487.0191 — Order prohibiting disclosure
On ex parte application made by a peace officer or public officer, a justice or judge may make an order prohibiting a person from disclosing the existence or some or all of the contents of a…
Section 487.0192 — Particulars — production orders
An order made under any of sections 487.014, 487.0141 and 487.016 to 487.018 must require a person, financial institution or entity to produce the document to a peace officer or public officer named…
Section 487.01921 — Application for review of keep account open or active order
A person who is subject to an order made under section 487.0131 may apply in writing to the justice or judge who made the order, or to a judge in the judicial district where the order was made, to…
Section 487.0193 — Application for review of production order
Before they are required by an order made under any of sections 487.014 to 487.018 to produce a document, a person, financial institution or entity may apply in writing to the justice or judge who…
Section 487.0194 — Destruction of preserved computer data and documents — preservation demand
A person to whom a preservation demand is made under section 487.012 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared…
Section 487.0195 — For greater certainty
For greater certainty, no preservation demand, preservation order, keep account open or active order or production order is necessary for a peace officer or public officer to ask a person to…
Section 487.0196 — Self-incrimination
No one is excused from complying with an order made under any of sections 487.014 to 487.018 on the ground that the document that they are required to produce may tend to incriminate them or subject…
Section 487.0197 — Offence — preservation demand
A person who contravenes a preservation demand made under section 487.012 without lawful excuse is guilty of an offence punishable on summary conviction and is liable to a fine of not more than…
Section 487.0198 — Offence — preservation or production order
A person, financial institution or entity that contravenes an order made under any of sections 487.013 to 487.018 without lawful excuse is guilty of an offence punishable on summary conviction and…
Section 487.0199 — Offence — destruction of preserved data
A person who contravenes section 487.0194 without lawful excuse is guilty of an offence punishable on summary conviction.
Section 487.02 — Assistance order
If an authorization is given under section 184.2, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to…
Section 487.021 — Review
Within seven years after the coming into force of this section, a comprehensive review of the provisions and operation of sections 487.011 to 487.02 shall be undertaken by such committee of the House…
Section 487.03
[Repealed, 2019, c. 25, s. 196]
Section 487.04 — Definitions
In this section and in sections 487.05 to 487.0911, adult has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act ; ( adulte ) designated offence means a primary designated…
Section 487.05 — Information for warrant to take bodily substances for forensic DNA analysis
A provincial court judge who on ex parte application made in Form 5.01 is satisfied by information on oath that there are reasonable grounds to believe that a designated offence has been committed,…
Section 487.051 — Order — primary designated offences
The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who…
Section 487.052
[Repealed, 2007, c. 22, s. 3]
Section 487.053 — Timing of order
The court may make an order under section 487.051 authorizing the taking of samples of bodily substances when it imposes a sentence on a person, finds the person not criminally responsible on account…
Section 487.054 — Appeal
The offender or the prosecutor may appeal from a decision of the court under any of subsections 487.051(1) to (3).
Section 487.055 — Offenders serving sentences
A provincial court judge may, on ex parte application made in Form 5.05, authorize in Form 5.06 the taking, for the purpose of forensic DNA analysis, of any number of samples of bodily substances…
Section 487.0551 — Failure to appear
If a person fails to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11) or in a summons referred to in subsection 487.055(4) or 487.091(3), a…
Section 487.0552 — Failure to comply with order or summons
Every person who, without reasonable excuse, fails to comply with an order made under subsection 487.051(4) or 487.055(3.11) of this Act or under subsection 196.14(4) or 196.24(4) of the National…
Section 487.056 — When collection to take place
Samples of bodily substances shall be taken as authorized under section 487.051 at the place, day and time set out in an order made under subsection 487.051(4) or as soon as feasible afterwards; or…
Section 487.057 — Report of peace officer
A peace officer who takes samples of bodily substances from a person or who causes a person who is not a peace officer to take samples under their direction shall, as soon as feasible after the…
Section 487.058 — No criminal or civil liability
No peace officer, and no person acting under a peace officer’s direction, incurs any criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples…
Section 487.06 — Investigative procedures
A peace officer or a person acting under a peace officer’s direction is authorized by a warrant issued under section 487.05, an order made under section 487.051 or an authorization granted under…
Section 487.07 — Duty to inform
Before taking samples of bodily substances from a person, or causing samples to be taken under their direction, in execution of a warrant issued under section 487.05 or an order made under section…
Section 487.071 — Verification
Before taking samples of bodily substances from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, a peace officer, or a person acting…
Section 487.08 — Use of bodily substances — warrant
No person shall use bodily substances that are taken in execution of a warrant under section 487.05 or under section 196.12 of the National Defence Act except to use them for the purpose of forensic…
Section 487.09 — Destruction of bodily substances, etc. — warrant
Subject to subsection (2), bodily substances that are taken from a person in execution of a warrant under section 487.05 and the results of forensic DNA analysis shall be destroyed or, in the case of…
Section 487.091 — Collection of additional bodily substances
A provincial court judge may, on ex parte application made in Form 5.08, authorize in Form 5.09 the taking from a person, for the purpose of forensic DNA analysis, of any number of additional samples…
Section 487.0911 — Review by Attorney General
On receipt of a notice from the Commissioner of the Royal Canadian Mounted Police under subsection 5.2(1) of the DNA Identification Act that an order made under section 487.051 or an authorization…
Section 487.092 — Information for impression warrant
A justice may issue a warrant in writing authorizing a peace officer to do any thing, or cause any thing to be done under the direction of the peace officer, described in the warrant in order to…