ANNUAL REPORT
... /
Information respecting authorizations /
Other information /
Report to be laid before Parliament /
Report by Attorneys General.
195. [1]
The Solicitor General of Canada shall, as soon as possible after the
end of each year, prepare a report relating to
- [a]
authorizations for which he and agents to be named in the report who
were specially designated in writing by him for the purposes of
section 185
made application, and
- [b]
authorizations given under
section 188
for which peace officers to be
named in the report who were specially designated by him for the
purposes of that section made application, and interceptions made
thereunder in the immediately preceding year.
[2]
The report referred to in subsection [1] shall, in relation to
authorizations and interceptions made thereunder, set out
- [a]
the number of applications made for authorizations;
- [b]
the number of applications made for renewal of authorizations;
- [c]
the number of applications referred to in paragraphs [a] and [b] that
were granted, the number of those applications that were refused and
the number of applications referred to in paragraph [a] that were
granted subject to terms and conditions;
- [d]
the number of persons identified in an authorization against whom
proceedings were commenced at the instance of the Attorney General of
Canada in respect of
- [i]
an offence specified in the authorization,
- [ii]
an offence other than an offence specified in the authorization
but in respect of which an authorization may be given, and
- [iii]
an offence in respect of which an authorization may not be given;
- [e]
the number of persons not identified in an authorization against whom
proceedings were commenced at the instance of the Attorney General of
Canada in respect of
- [i]
an offence specified in such an authorization,
- [ii]
an offence other than an offence specified in such an authorization
but in respect of which an authorization may be given, and
- [iii]
an offence other than an offence specified in such an authorization
and for which no such authorization may be given,
and whose commission or alleged commission of the offence became known
to a peace officer as a result of an interception of a private
communication under an authorization;
- [f]
the average period for which authorizations were given and for which
renewals thereof were granted;
- [g]
the number of authorizations that, by virtue of one or more renewals
thereof, were valid for more than sixty days, for more than one
hundred and twenty days, for more than one hundred and eighty days and
for more than two hundred and forty days;
- [h]
the number of notifications given pursuant to
section 196;
- [i]
the offences in respect of which authorizations were given, specifying
the number of authorizations given in respect of each of those
offences;
- [j]
a description of all classes of places specified in authorizations and
the number of authorizations in which each of those classes of places
was specified;
- [k]
a general description of the methods of interception involved in each
interception under an authorization;
- [l]
the number of persons arrested whose identity became known to a peace
officer as a result of an interception under an authorization;
- [m]
the number of criminal proceedings commenced at the instance of the
Attorney General of Canada in which private communications obtained by
interception under an authorization were adduced in evidence and the
number of those proceedings that resulted in a conviction; and
- [n]
the number of criminal investigations in which information obtained as
a result of the interception of a private communication under an
authorization was used although the private communication was not
adduced in evidence in criminal proceedings commenced at the instance
of the Attorney General of Canada as a result of the investigations.
[3]
The report referred to in subsection [1] shall, in addition to the
information referred to in subsection [2], set out
- [a]
the number of prosecutions commenced against officers or servants of
Her Majesty in right of Canada or members of the Canadian Forces for
offences under
section 184
or
193;
and
- [b]
a general assessment of the importance of interception of private
communications for the investigation, detection, prevention and
prosecution of offences in Canada.
[4]
The Solicitor General of Canada shall cause a copy of each report
prepared by him under subsection [1] to be laid before Parliament forthwith on
completion thereof, or if Parliament is not then sitting, on any of the first
fifteen days next thereafter that Parliament is sitting.
[5]
The Attorney General of each province shall, as soon as possible after
the end of each year, prepare and publish or otherwise make available to the
public a report relating to
- [a]
authorizations for which he and agents specially designated in writing
by him for the purposes of
section 185
made application, and
- [b]
authorizations given under
section 188
for which peace officers
specially designated by him for the purposes of that section made
application,
and interceptions made thereunder in the immediately preceding year setting
out, with such modifications as the circumstances require, the information
described in subsections [2] and [3].
[1973-74, c.50, s.2;
1976-77, c.53, s.11.1;
R.S.C. 1985, c.27 [1st Supp.], s.27.]
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