INTRODUCTION AND BRIEF DESCRIPTION
This section defines a number recorder as any device that can record or identify the telephone number or location of a phone call.
SECTION WORDING
492.2(4) For the purposes of this section, "number recorder" means any device that can be used to record or identify the telephone number or location of the telephone from which a telephone call originates, or at which it is received or is intended to be received.
EXPLANATION
Section 492.2(4) of the Criminal Code of Canada defines the term ‘number recorder’ and outlines its use for the purpose of the section. The section is a provision on the use of interception devices in criminal investigations. Interception devices refer to any type of device or equipment that can be used to record or monitor a conversation or communication between two or more persons without their knowledge or consent. A number recorder, as defined in this section, is a device that can be used to record or identify the telephone number or location of the telephone from which a call originates, or at which it is received or intended to be received. This means that law enforcement agencies are authorized to use number recorders to collect data on telephone calls made or received by a suspect during a criminal investigation. The use of number recorders for investigative purposes is subject to strict regulations under the Criminal Code of Canada. The section sets out clear guidelines on the authorization and use of number recorders by law enforcement agencies. It stipulates that number recorders can only be used with the authorization of a judge, who must be satisfied that there are reasonable grounds to believe that the device will assist in the investigation of serious criminal offenses. The section also requires that the intercepted communication be minimized to remove any irrelevant information, and that the privacy and confidentiality of the intercepted communication be maintained. Failure to comply with these regulations can lead to serious consequences, including the exclusion of the intercepted communication as evidence in criminal proceedings. In conclusion, Section 492.2(4) of the Criminal Code of Canada defines the term ‘number recorder’ and outlines its regulated use in criminal investigations. It reaffirms the importance of protecting the privacy and confidentiality of individuals’ communications, while allowing law enforcement agencies to use authorized interception devices to investigate serious criminal offenses.
COMMENTARY
Section 492.2(4) of the Criminal Code of Canada provides a definition of "number recorder" for the purposes of the section. This definition is an important aspect of the legislation as it outlines what constitutes a number recorder. Essentially, any device that can record or identify the telephone number or location of where a telephone call originates or is received is considered a number recorder. This section of the Criminal Code of Canada is designed to protect individuals’ privacy and ensure that their personal information is not readily accessible to others without their consent. The use of number recorders allows law enforcement agencies to investigate criminal activities and gather evidence, but it also poses a risk to individuals’ right to privacy. Therefore, Section 492.2(4) provides guidance and restrictions on the use of these devices. By defining what constitutes a number recorder, this section helps to prevent the misuse of these devices by individuals or organizations. This includes prohibiting the installation of a number recorder on a telephone line, without the consent of the person who owns the line. It also restricts the use of these devices to specific circumstances, such as when authorized by a warrant, or when the person who owns the telephone line consents to the use of the device. Furthermore, this section of the Criminal Code of Canada provides penalties for individuals or organizations that contravene the legislation. The penalties can include imprisonment and/or a fine, which acts as a deterrent for people who may be tempted to misuse these devices. Overall, Section 492.2(4) of the Criminal Code of Canada is an essential piece of legislation that helps to protect individuals’ privacy while still allowing law enforcement agencies to conduct investigations and gather evidence. By defining what constitutes a number recorder, the section ensures that there are specific guidelines and restrictions in place to prevent the misuse of these devices. The penalties for contravening the legislation act as a deterrent for those tempted to misuse number recorders and help to safeguard people’s personal information. As such, this section is a critical component of Canada’s legal system and upholds the rights of its citizens.
STRATEGY
Section 492.2(4) of the Criminal Code of Canada was enacted to regulate the use of devices that can record or identify the telephone number or location of the telephone from which a call originates or is intended to be received. It is crucial to consider this section when conducting investigations, particularly in the context of criminal cases that rely on communication evidence. One of the primary concerns when dealing with section 492.2(4) is the admissibility of evidence. Investigators and prosecutors must ensure that any evidence obtained through the use of number recorders complies with the provisions of this section and the broader provisions of the Criminal Code of Canada. Failure to do so can compromise the integrity of the evidence and lead to its exclusion from trial. Another strategic consideration is the use of number recorders in investigations. While these devices can provide valuable evidence, their use must be balanced with privacy concerns. As such, investigators must ensure that their use of number recorders is reasonable, necessary, and proportionate to the investigative objective. They must also respect procedural safeguards, such as obtaining search warrants or court orders where required. In addition to complying with legal requirements, strategies for dealing with section 492.2(4) should consider practical and operational considerations. One such consideration is the availability and suitability of number recorders that can be used in a particular context. Investigators must choose devices that are reliable, user-friendly, and compliant with legal requirements to ensure that they obtain quality evidence. When using number recorders, it is also essential to maintain proper documentation. Investigators must keep detailed records of when and how they use these devices, what information they obtain, and how they use that information to advance the investigation. Proper documentation can facilitate the use of this evidence in court and protect investigators from allegations of impropriety. Lastly, strategies for dealing with section 492.2(4) must consider the potential impact of using number recorders on the investigation. Number recorders can provide valuable evidence, but their use may also alert suspects to ongoing investigations, compromise the integrity of other evidence, or lead to legal challenges to their use. Investigators must weigh the benefits of using number recorders against these potential risks and proceed carefully. In conclusion, section 492.2(4) of the Criminal Code of Canada is a critical provision to consider when dealing with communication evidence. Strategies for dealing with this section must balance legal requirements, privacy concerns, practical considerations, and potential risks and benefits. By doing so, investigators and prosecutors can maximize the value of number recorder evidence while safeguarding its integrity and admissibility.