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| Patrick Ducharme |
The Code provides a complete scheme respecting the interception of private communications.1 An application for an authorization to intercept private communications must be signed by the Attorney General, the Solicitor General of Canada or by a designated agent. The application must be supported by a peace officer’s affidavit providing the grounds for requesting the authorization. Just as in the case of an ITO used to obtain a search warrant, the application for wiretap authorization, requires grounds provided under oath in a full and frank manner that supports the issuance of the authorization. The grounds usually include a complete summary of the investigation and attempt to demonstrate that there is no other reasonable means of investigation of the accused without the use of this special technique. The court will grant the authorization if the court determines that doing so is in the best interests of the administration of justice.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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