Canadian Criminal Procedure and Practice/Search and Seizure/Tracking Warrant

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General Principles[edit]

Information for tracking warrant
492.1 (1) A justice who is satisfied by information on oath in writing that there are reasonable grounds to suspect that an offence under this or any other Act of Parliament has been or will be committed and that information that is relevant to the commission of the offence, including the whereabouts of any person, can be obtained through the use of a tracking device, may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant

(a) to install, maintain and remove a tracking device in or on any thing, including a thing carried, used or worn by any person; and
(b) to monitor, or to have monitored, a tracking device installed in or on any thing.

Time limit for warrant
(2) A warrant issued under subsection (1) is valid for the period, not exceeding sixty days, mentioned in it.

Further warrants
(3) A justice may issue further warrants under this section.

Definition of “tracking device”
(4) For the purposes of this section, “tracking device” means any device that, when installed in or on any thing, may be used to help ascertain, by electronic or other means, the location of any thing or person.

Removal after expiry of warrant
(5) On ex parte application in writing supported by affidavit, the justice who issued a warrant under subsection (1) or a further warrant under subsection (3) or any other justice having jurisdiction to issue such warrants may authorize that the tracking device be covertly removed after the expiry of the warrant

(a) under any terms or conditions that the justice considers advisable in the public interest; and
(b) during any specified period of not more than sixty days.

1993, c. 40, s. 18; 1999, c. 5, s. 18.

CCC