In the decision of R. v. Tse, the Supreme Court of Canada found that a wiretap authority without a court authorization in situations of imminent harm could be justified under the Canadian Charter of Rights and Freedoms. However, the Court declared that Section 184.4 of the Criminal Code (interception in exceptional circumstances), which was enacted in 1993, was unconstitutional because it contained no accountability measures. The Supreme Court gave Parliament until April 13, 2013 to amend the provision to make it constitutionally compliant.
The proposed amendments would address this ruling directly by adding the safeguards of “notification” and “reporting” for Section 184.4 of the Criminal Code. Notification would require that persons whose private communications have been intercepted in situations of imminent harm be notified within 90 days (subject to any extensions, granted by a judge). Reporting would require annual reports on the use of wiretaps under Section 184.4. The changes would also limit the use of this authority to police officers (currently it is available to the broader category of peace officers) and limit its use only to the offences listed in Section 183 of theCriminal Code.
These proposed amendments would directly respond to the guidance from the Court.
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Department of Justice Canada
February 2013
