INTERCEPTION WITH CONSENT

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.

[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.]

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