INTRODUCTION AND BRIEF DESCRIPTION
This section allows for a warrant to be issued authorizing the use of a number recorder to obtain information for the investigation of a suspected offence.
SECTION WORDING
492.2(1) A justice who is satisfied by information on oath in writing that there are reasonable grounds to suspect that an offence under this or any other Act of Parliament has been or will be committed and that information that would assist in the investigation of the offence could be obtained through the use of a number recorder, may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant (a) to install, maintain and remove a number recorder in relation to any telephone or telephone line; and (b) to monitor, or to have monitored, the number recorder.
EXPLANATION
Section 492.2(1) of the Criminal Code of Canada allows for the use of a number recorder in the investigation of a suspected offense under any federal or provincial law. A "number recorder" is a device that records phone numbers dialed from a specific telephone line. This section of the Criminal Code requires that a justice be provided with information on oath in writing that there are reasonable grounds to suspect that an offense has been or will be committed and that information that could assist in the investigation of the offense could be obtained through the use of a number recorder. If the justice is satisfied that these conditions are met, they may issue a warrant authorizing a peace officer or designated public officer to install, maintain, and remove a number recorder in relation to any telephone or telephone line and to monitor the recorder. This section is an important tool in the investigation and prevention of criminal activity. The use of number recorders can provide valuable information to law enforcement, such as identifying suspects, accomplices, and victims. However, it is important to note that this power is not without limits. It requires strict adherence to the requirements of obtaining a warrant and respecting the privacy rights of individuals. In summary, section 492.2(1) of the Criminal Code of Canada allows authorities to use a number recorder to investigate suspected offenses under federal or provincial laws, provided that a warrant is obtained and privacy rights are respected.
COMMENTARY
Section 492.2(1) of the Criminal Code of Canada outlines the process by which law enforcement officials may obtain a warrant to install and use a number recorder for the purpose of investigating a suspected offence. This section of the Criminal Code is an important tool for law enforcement officials to gather accurate and timely information about suspected criminal activity, but it also raises important questions about the balance between public safety and individual privacy. The use of number recorders is a common investigative technique used by law enforcement agencies around the world, and it involves the installation of a device that records all incoming and outgoing phone numbers on a particular phone line. This information can be used by law enforcement officials to trace the movements and activities of suspected criminals, and can provide valuable evidence in criminal investigations. However, the use of number recorders also raises concerns about privacy and civil liberties. The right to privacy is enshrined in both the Canadian Charter of Rights and Freedoms and the United Nations Declaration of Human Rights, and any infringement on this right must be justified by a compelling public interest. One of the key requirements of Section 492.2(1) of the Criminal Code is that a justice must be satisfied that there are reasonable grounds to suspect that an offence has been or will be committed, and that the information obtained through the use of a number recorder will assist in the investigation of that offence. This requirement is designed to ensure that the use of number recorders is targeted and focused, and that it is not used as a tool of harassment or intimidation. In addition, the law requires that the use of number recorders be authorized by a warrant issued by a justice of the peace. This warrant process ensures that the use of number recorders is subject to judicial oversight, and that there are limits on the length of time that the recorder can be used. Despite these safeguards, the use of number recorders remains controversial. Critics argue that the use of these devices can be intrusive and that it could be used as a tool of surveillance by law enforcement officials. They point out that the information collected through the use of number recorders is not limited to the specific target of the investigation, and that innocent individuals may also have their privacy rights violated. Ultimately, the use of number recorders is a necessary tool for law enforcement officials to investigate suspected criminal activity. However, it is also important to ensure that the use of these devices is properly controlled and that there are appropriate safeguards in place to protect the privacy rights of citizens. The balance between public safety and individual privacy is a delicate one, and it is essential that the proper legal frameworks are in place to ensure that this balance is maintained.
STRATEGY
When dealing with section 492.2(1) of the Criminal Code of Canada, there are several strategic considerations that should be taken into account. One important consideration is the balance between the need to obtain information that could assist in an investigation, and the privacy rights of individuals. This is particularly important when it comes to monitoring telephone conversations, as this can involve a significant invasion of privacy. One strategy that could be employed to address this concern is to ensure that the warrant requested is as specific as possible. The warrant should clearly identify the telephone or telephone line that will be subject to monitoring, and should only authorize the monitoring of conversations that are relevant to the investigation. This can help to minimize the impact on individuals' privacy while still allowing for the collection of important information. Another important strategic consideration when it comes to section 492.2(1) is the potential for legal challenges. It is important to ensure that the warrant is obtained in a manner that is consistent with the Charter of Rights and Freedoms, and that all relevant legal requirements are met. This can help to minimize the risk of legal challenges that could undermine the validity of the information obtained through the use of a number recorder. One strategy that could be employed to address this concern is to work closely with legal counsel throughout the process, including when drafting the warrant application and ensuring that all relevant legal requirements are met. This can help to ensure that the warrant is obtained in a manner that is legally sound and that the information obtained will be admissible in court. Finally, it is important to consider the potential impact that the use of a number recorder could have on relations with individuals or groups that may be subject to monitoring. Depending on the nature of the investigation, it may be important to take steps to minimize any potential negative impacts on these relationships. One strategy that could be employed to address this concern is to ensure that individuals who may be subject to monitoring are informed of this fact in a clear and transparent manner. This can help to maintain trust and goodwill, and can also help to ensure that individuals are aware of their rights and can take steps to protect them if necessary. In conclusion, when dealing with section 492.2(1) of the Criminal Code of Canada, it is important to balance the need to obtain information that could assist in an investigation with the privacy rights of individuals. This requires careful consideration and strategic planning, including ensuring that the warrant is as specific as possible, addressing potential legal challenges, and minimizing potential negative impacts on relationships. By employing these strategies, investigators can ensure that they obtain the information they need in a manner that is both effective and ethical.