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Tracking and Transmission Drafting Checklist

From Criminal Law Notebook

Tracking Warrant

  • application in writing
  • application under oath
  • contents

Tracking Warrant (492.1)

See also: Tracking Warrant
Tracking Warrant – Transactions and things (s. 492.1(1))

Information to Obtain

  • Document under oath and dated.
  • The persons swearing it a "peace officer" or a "public officer"
  • The document makes out "reasonable grounds" to suspect that an offence:
    • (a) has been or (b) will be committed; AND
    • the tracking of a transaction or a thing that will assist in the investigation of an offence

Warrant

  • authorizes (a) installation (b) maintaining; (c) activation and/or (d) removal of a tracking device.
  • in relation to a transaction or a thing that will assist in the investigation of an offence
  • issued to a named "peace officer" or a "public officer"
  • maximum of 60 days at a time unless it is an offence under s. 567.11 or 467.13, crim. org. or terror offences in which case the maximum is 1 year.
  • the judge may place any conditions that they consider appropriate.
Tracking Warrant – individuals (s. 492.1(2))

Information to Obtain

  • Document under oath and dated.
  • The persons swearing it a "peace officer" or a "public officer"
  • The document makes out "reasonable grounds" to suspect that an offence:
    • (a) has been or (b) will be committed; AND
    • the tracking an individual movement by identifying the location of a thing carried or worn by the individual and will assist in the investigation of an offence.

Warrant

  • authorizes (a) installation (b) maintaining; (c) activation and/or (d) removal of a tracking device.
  • in relation to a transaction or a thing that will assist in the investigation of an offence
  • issued to a named "peace officer" or a "public officer"
  • maximum of 60 days at a time unless it is an offence under s. 567.11 or 467.13, crim. org. or terror offences in which case the maximum is 1 year.
  • the judge may place any conditions that they consider appropriate.
Application to Remove tracking Device
  • tracking warrant must have expired;
  • application in writing;
  • application to the justice who issued the initial warrant, if possible
  • the application is supported by a sworn affidavit;
Removal Order
  • order would apply for a time period not exceeding 90 days;
  • the judge may place any conditions that they consider appropriate.

Transmission Data Recorder Warrants (s. 492.2)

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