7/22/2023 0 Comments Wiretap anywhere2 The report also examines the nature of the endorsement function for out-of-province warrants, current issues raised by endorsement as a method of giving effect to warrants outside the issuing jurisdiction, and options for reforming the endorsement process.ġ It is noteworthy to mention that this issue was the subject of two previous ULCC Criminal Section resolutions which were carried. This report examines the legal and operational framework of the endorsement procedure for out-of-province investigative warrants and wiretap authorizations (hereinafter “warrants” unless otherwise specified) as it applies to Part VI (Invasion of Privacy) and Part XV (Special Procedures and Powers) of the Criminal Code and the Controlled Drugs and Substances Act (CDSA). The current endorsement provisions for out-of-province investigative warrants and authorizations raise a number of issues including uncertainty with respect to the nature of the endorsing judge’s function, the appropriateness of reviewing the merits underlying the issuance of the warrant, and theĮndorsement process’s impact on the administration of justice and the conduct of investigations in Canada. The general concern which gave rise to this ULCC Working Group was a desire to make investigative tools available to law enforcement more easily enforceable across Canada with a view to enhancing the efficiency of the criminal justice system. The Working Group is composed of representatives from Alberta (Matthew Hinshaw), Manitoba (Michael Desautels), Ontario (Catherine Cooper), Office of the Director of Criminal and Penal Prosecutions – Quebec (Nicolas Abran), New Brunswick (Michel Bertrand, succeeded by Derek Weaver), the Public Prosecution Service of Canada(Laura Pitcairn), the Canadian Bar Association (Scott Bergman), and the federal Department of Justice (Stéphanie O’Connor and Normand Wong) and is chaired by Lucie Angers of the federal Department of Justice. A status report of the work of the Working Group was presented at the 2015 Conference. A ULCC working group was established and started its work in the Fall of 2014. Working group report back to the Conference at the 2015 meeting. That the Uniform Law Conference of Canada – Criminal SectionĮstablish a working group to develop options on how to address theĮndorsement of warrants, authorizations and orders and that the Endorsement of Search Warrants, Orders and Authorizations in the Criminal CodeĪnd Authorizations in the Criminal Code andįor more information, please At the 2014 meeting of the Criminal Section, the following resolution was carried:
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