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.

[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.

[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.

[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.]