C
Criminal Code
PART V SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT
Nuisances
180. (1) Every one who commits a common nuisance and thereby
(a) endangers the lives, safety or health of the public, or
(b) causes physical injury to any person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(2) For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby
(a) endangers the lives, safety, health, property or comfort of the public; or
(b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.
R.S., c. C-34, s. 176.
181. Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 177.
182. Every one who
(a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or
(b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 178.
Definitions
183. In this Part,
"authorization" « autorisation »
"authorization" means an authorization to intercept a private communication given under section 186 or subsection 184.2(3), 184.3(6) or 188(2);
"electro-magnetic, acoustic, mechanical or other device" means any device or apparatus that is used or is capable of being used to intercept a private communication, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing;
"intercept" includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof;
"offence" means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to section 47 (high treason), 51 (intimidating Parliament or a legislature), 52 (sabotage), 57 (forgery, etc.), 61 (sedition), 76 (hijacking), 77 (endangering safety of aircraft or airport), 78 (offensive weapons, etc., on aircraft), 78.1 (offences against maritime navigation or fixed platforms), 80 (breach of duty), 81 (using explosives), 82 (possessing explosive), 96 (possession of weapon obtained by commission of offence), 99 (weapons trafficking), 100 (possession for purpose of weapons trafficking), 102 (making automatic firearm), 103 (importing or exporting knowing it is unauthorized), 104 (unauthorized importing or exporting), 119 (bribery, etc.), 120 (bribery, etc.), 121 (fraud on government), 122 (breach of trust), 123 (municipal corruption), 132 (perjury), 139 (obstructing justice), 144 (prison breach), 163.1 (child pornography), 184 (unlawful interception), 191 (possession of intercepting device), 235 (murder), 264.1 (uttering threats), 267 (assault with a weapon or causing bodily harm), 268 (aggravated assault), 269 (unlawfully causing bodily harm), 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping), 279.1 (hostage taking), 280 (abduction of person under sixteen), 281 (abduction of person under fourteen), 282 (abduction in contravention of custody order), 283 (abduction), 318 (advocating genocide), 327 (possession of device to obtain telecommunication facility or service), 334 (theft), 342 (theft, forgery, etc., of credit card), 342.1 (unauthorized use of computer), 342.2 (possession of device to obtain computer service), 344 (robbery), 346 (extortion), 347 (criminal interest rate), 348 (breaking and entering), 354 (possession of property obtained by crime), 356 (theft from mail), 367 (forgery), 368 (uttering forged document), 372 (false messages), 380 (fraud), 381 (using mails to defraud), 382 (fraudulent manipulation of stock exchange transactions), 424 (threat to commit offences against internationally protected person), 426 (secret commissions), 430 (mischief), 431 (attack on premises, residence or transport of internationally protected person), 433 (arson), 434 (arson), 434.1 (arson), 435 (arson for fraudulent purpose), 449 (making counterfeit money), 450 (possession, etc., of counterfeit money), 452 (uttering, etc., counterfeit money), 462.31 (laundering proceeds of crime) or 467.1 (participation in criminal organization), subsection 145(1) (escape, etc.), 201(1) (keeping gaming or betting house), 212(1) (procuring) or 462.33(11) (acting in contravention of restraint order), or paragraph 163(1)(a) (obscene materials), 202(1)(e) (pool-selling, etc.), section 5 (trafficking), 6 (importing and exporting), 7 (production), 8 (possession of property obtained by designated substance offences) or 9 (laundering proceeds of designated substance offences) of the Controlled Drugs and Substances Act, section 153 (false statements), 159 (smuggling), 163.1 (possession of property obtained by smuggling, etc.) or 163.2 (laundering proceeds of smuggling, etc.) of the Customs Act, sections 94.1 and 94.2 (organizing entry into Canada), 94.4 (disembarking persons at sea) and 94.5 (counselling false statements) of the Immigration Act, section 126.1 (possession of property obtained by excise offences), 126.2 (laundering proceeds of excise offences), 158 (unlawful distillation of spirits) or 163 (unlawful selling of spirits) or subsection 233(1) (unlawful packaging or stamping) or 240(1) (unlawful possession or sale of manufactured tobacco or cigars) of the Excise Act, section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act, section 3 (spying) of the Official Secrets Act, section 13 (export or attempt to export), 14 (import or attempt to import), 15 (diversion, etc.), 16 (no transfer of permits), 17 (false information) or 18 (aiding and abetting) of the Export and Import Permits Act, or any other offence created by this Act for which an offender may be sentenced to imprisonment for five years or more that there are reasonable grounds to believe is part of a pattern of criminal activity planned and organized by a number of persons acting in concert or any other offence created by this or any other Act of Parliament for which an offender may be sentenced to imprisonment for five years or more that there are reasonable grounds to believe is committed for the benefit of, at the direction of or in association with a criminal organization;
"private communication" « communication privée »
"private communication" means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it;
"public switched telephone network" « réseau téléphonique public commuté »
"public switched telephone network" means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation;
"radio-based telephone communication" « communication radiotéléphonique »
"radio-based telephone communication" means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network;
"sell" includes offer for sale, expose for sale, have in possession for sale or distribute or advertise for sale;
"solicitor" means, in the Province of Quebec, an advocate or a notary and, in any other province, a barrister or solicitor.
R.S., 1985, c. C-46, s. 183; R.S., 1985, c. 27 (1st Supp.), ss. 7, 23, c. 1 (2nd Supp.), s. 213, c. 1 (4th Supp.), s. 13, c. 29 (4th Supp.), s. 17, c. 42 (4th Supp.), s. 1; 1991, c. 28, s. 12; 1992, c. 27, s. 90; 1993, c. 7, s. 5, c. 25, s. 94, c. 40, s. 1, c. 46, s. 4; 1996, c. 19, s. 66; 1997, c. 18, s. 7, c. 23, s. 3; 1995, c. 39, s. 140.
183.1 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part.
1993, c. 40, s. 2.
Interception of Communications
184. (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(2) Subsection (1) does not apply to
(a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;
(b) a person who intercepts a private communication in accordance with an authorization or pursuant to section 184.4 or any person who in good faith aids in any way another person who the aiding person believes on reasonable grounds is acting with an authorization or pursuant to section 184.4;
(c) a person engaged in providing a telephone, telegraph or other communication service to the public who intercepts a private communication,
(i) if the interception is necessary for the purpose of providing the service,
(ii) in the course of service observing or random monitoring necessary for the purpose of mechanical or service quality control checks, or
(iii) if the interception is necessary to protect the person's rights or property directly related to providing the service; or
(d) an officer or servant of Her Majesty in right of Canada who engages in radio frequency spectrum management, in respect of a private communication intercepted by that officer or servant for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission.
(3) [Repealed, 1993, c. 40, s. 3]
R.S., 1985, c. C-46, s. 184; 1993, c. 40, s. 3.
Interception to prevent bodily harm
184.1 (1) An agent of the state may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if
(a) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception;
(b) the agent of the state believes on reasonable grounds that there is a risk of bodily harm to the person who consented to the interception; and
(c) the purpose of the interception is to prevent the bodily harm.
Admissibility of intercepted communication
(2) The contents of a private communication that is obtained from an interception pursuant to subsection (1) are inadmissible as evidence except for the purposes of proceedings in which actual, attempted or threatened bodily harm is alleged, including proceedings in respect of an application for an authorization under this Part or in respect of a search warrant or a warrant for the arrest of any person.
Destruction of recordings and transcripts
(3) The agent of the state who intercepts a private communication pursuant to subsection (1) shall, as soon as is practicable in the circumstances, destroy any recording of the private communication that is obtained from an interception pursuant to subsection (1), any full or partial transcript of the recording and any notes made by that agent of the private communication if nothing in the private communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has occurred or is likely to occur.
Definition of "agent of the state"
(4) For the purposes of this section, "agent of the state" means
(a) a peace officer; and
(b) a person acting under the authority of, or in cooperation with, a peace officer.
1993, c. 40, s. 4.
184.2 (1) A person may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where either the originator of the private communication or the person intended by the originator to receive it has consented to the interception and an authorization has been obtained pursuant to subsection (3).
(2) An application for an authorization under this section shall be made by a peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, ex parte and in writing to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, and shall be accompanied by an affidavit, which may be sworn on the information and belief of that peace officer or public officer or of any other peace officer or public officer, deposing to the following matters:
(a) that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;
(b) the particulars of the offence;
(c) the name of the person who has consented to the interception;
(d) the period for which the authorization is requested; and
(e) in the case of an application for an authorization where an authorization has previously been granted under this section or section 186, the particulars of the authorization.
(3) An authorization may be given under this section if the judge to whom the application is made is satisfied that
(a) there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;
(b) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception; and
(c) there are reasonable grounds to believe that information concerning the offence referred to in paragraph (a) will be obtained through the interception sought.
Content and limitation of authorization
(4) An authorization given under this section shall
(a) state the offence in respect of which private communications may be intercepted;
(b) state the type of private communication that may be intercepted;
(c) state the identity of the persons, if known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;
(d) contain the terms and conditions that the judge considers advisable in the public interest; and
(e) be valid for the period, not exceeding sixty days, set out therein.
1993, c. 40, s. 4.
Application by means of telecommunication
184.3 (1) Notwithstanding section 184.2, an application for an authorization under subsection 184.2(2) may be made ex parte to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, by telephone or other means of telecommunication, if it would be impracticable in the circumstances for the applicant to appear personally before a judge.
(2) An application for an authorization made under this section shall be on oath and shall be accompanied by a statement that includes the matters referred to in paragraphs 184.2(2)(a) to (e) and that states the circumstances that make it impracticable for the applicant to appear personally before a judge.
(3) The judge shall record, in writing or otherwise, the application for an authorization made under this section and, on determination of the application, shall cause the writing or recording to be placed in the packet referred to in subsection 187(1) and sealed in that packet, and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.
(4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.
(5) An applicant who uses a means of telecommunication that produces a writing may, instead of swearing an oath for the purposes of subsection (2), make a statement in writing stating that all matters contained in the application are true to the knowledge or belief of the applicant and such a statement shall be deemed to be a statement made under oath.
(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.
(7) Where a judge gives an authorization by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,
(a) the judge shall complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;
(b) the applicant shall, on the direction of the judge, complete a facsimile of the authorization in writing, noting on its face the name of the judge who gave it and the time, date and place at which it was given; and
(c) the judge shall, as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.
Giving authorization where telecommunication produces writing
(8) Where a judge gives an authorization by a means of telecommunication that produces a writing, the judge shall
(a) complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;
(b) transmit the authorization by the means of telecommunication to the applicant, and the copy received by the applicant shall be deemed to be a facsimile referred to in paragraph (7)(b); and
(c) as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.
1993, c. 40, s. 4.
Interception in exceptional circumstances
184.4 A peace officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where
(a) the peace officer believes on reasonable grounds that the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part;
(b) the peace officer believes on reasonable grounds that such an interception is immediately necessary to prevent an unlawful act that would cause serious harm to any person or to property; and
(c) either the originator of the private communication or the person intended by the originator to receive it is the person who would perform the act that is likely to cause the harm or is the victim, or intended victim, of the harm.
1993, c. 40, s. 4.
Interception of radio-based telephone communications
184.5 (1) Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(2) Section 183.1, subsection 184(2) and sections 184.1 to 190 and 194 to 196 apply, with such modifications as the circumstances require, to interceptions of radio-based telephone communications referred to in subsection (1).
1993, c. 40, s. 4.
One application for authorization sufficient
184.6 For greater certainty, an application for an authorization under this Part may be made with respect to both private communications and radio-based telephone communications at the same time.
1993, c. 40, s. 4.
185. (1) An application for an authorization to be given under section 186 shall be made ex parte and in writing to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and shall be signed by the Attorney General of the province in which the application is made or the Solicitor General of Canada or an agent specially designated in writing for the purposes of this section by
(a) the Solicitor General of Canada personally or the Deputy Solicitor General of Canada personally, if the offence under investigation is one in respect of which proceedings, if any, may be instituted at the instance of the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or
(b) the Attorney General of a province personally or the Deputy Attorney General of a province personally, in any other case,
and shall be accompanied by an affidavit, which may be sworn on the information and belief of a peace officer or public officer deposing to the following matters:
(c) the facts relied on to justify the belief that an authorization should be given together with particulars of the offence,
(d) the type of private communication proposed to be intercepted,
(e) the names, addresses and occupations, if known, of all persons, the interception of whose private communications there are reasonable grounds to believe may assist the investigation of the offence, a general description of the nature and location of the place, if known, at which private communications are proposed to be intercepted and a general description of the manner of interception proposed to be used,
(f) the number of instances, if any, on which an application has been made under this section in relation to the offence and a person named in the affidavit pursuant to paragraph (e) and on which the application was withdrawn or no authorization was given, the date on which each application was made and the name of the judge to whom each application was made,
(g) the period for which the authorization is requested, and
(h) whether other investigative procedures have been tried and have failed or why it appears they are unlikely to succeed or that the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.
Exception for criminal organizations
(1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to
(a) an offence under section 467.1; or
(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization.
Extension of period for notification
(2) An application for an authorization may be accompanied by an application, personally signed by the Attorney General of the province in which the application for the authorization is made or the Solicitor General of Canada if the application for the authorization is made by him or on his behalf, to substitute for the period mentioned in subsection 196(1) such longer period not exceeding three years as is set out in the application.
(3) Where an application for an authorization is accompanied by an application referred to in subsection (2), the judge to whom the applications are made shall first consider the application referred to in subsection (2) and where, on the basis of the affidavit in support of the application for the authorization and any other affidavit evidence submitted in support of the application referred to in subsection (2), the judge is of the opinion that the interests of justice warrant the granting of the application, he shall fix a period, not exceeding three years, in substitution for the period mentioned in subsection 196(1).
(4) Where the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or where the judge fixes a period in substitution therefor that is less than the period set out in the application referred to in subsection (2), the person appearing before the judge on the application for the authorization may withdraw the application for the authorization and thereupon the judge shall not proceed to consider the application for the authorization or to give the authorization and shall return to the person appearing before him on the application for the authorization both applications and all other material pertaining thereto.
R.S., 1985, c. C-46, s. 185; 1993, c. 40, s. 5; 1997, c. 18, s. 8, c. 23, s. 4.
186. (1) An authorization under this section may be given if the judge to whom the application is made is satisfied
(a) that it would be in the best interests of the administration of justice to do so; and
(b) that other investigative procedures have been tried and have failed, other investigative procedures are unlikely to succeed or the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.
Exception for criminal organizations
(1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to
(a) an offence under section 467.1; or
(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization.
Where authorization not to be given
(2) No authorization may be given to intercept a private communication at the office or residence of a solicitor, or at any other place ordinarily used by a solicitor and by other solicitors for the purpose of consultation with clients, unless the judge to whom the application is made is satisfied that there are reasonable grounds to believe that the solicitor, any other solicitor practising with him, any person employed by him or any other such solicitor or a member of the solicitor's household has been or is about to become a party to an offence.
(3) Where an authorization is given in relation to the interception of private communications at a place described in subsection (2), the judge by whom the authorization is given shall include therein such terms and conditions as he considers advisable to protect privileged communications between solicitors and clients.
Content and limitation of authorization
(4) An authorization shall
(a) state the offence in respect of which private communications may be intercepted;
(b) state the type of private communication that may be intercepted;
(c) state the identity of the persons, if known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;
(d) contain such terms and conditions as the judge considers advisable in the public interest; and
(e) be valid for the period, not exceeding sixty days, set out therein.
CONSOLIDATED STATUTES OF CANADA
C
Criminal Code
PART V SEXUAL OFFENCES, PUBLIC MORALS AND DISORDERLY CONDUCT
Nuisances