Base de données sur la législation

116  Issuing of stored communications warrants

(1)  An issuing authority to whom an enforcement agency has applied for a stored communications warrant in respect of a person may, in his or her discretion, issue such a warrant if satisfied, on the basis of the information given to him or her under this Part in connection with the application, that:
(a)  Division 1 has been complied with in relation to the application; and
(b)  in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and
(c)  there are reasonable grounds for suspecting that a particular carrier holds stored communications:
(i)  that the person has made; or
(ii)  that another person has made and for which the person is the intended recipient; and
(d)  information that would be likely to be obtained by accessing those stored communications under a stored communications warrant would be likely to assist in connection with:
(i)  in the case of an application other than a mutual assistance application—the investigation by the agency of a serious contravention in which the person is involved (including as a victim of the serious contravention); or
(ii)  in the case of a mutual assistance application—the investigation or investigative proceeding, by the foreign country to which the application relates, of a serious foreign contravention to which the application relates and in which the person is involved (including as a victim of the serious foreign contravention); and
(da)  if the stored communications warrant is applied for in relation to a person who is the victim of the serious contravention—the person is unable to consent, or it is impracticable for the person to consent, to those stored communications being accessed; and
(e)  in any case—having regard to the matters referred to in subsection (2) or (2A) (as the case requires), and to no other matters, the issuing authority should issue a warrant authorising access to such stored communications.
(2)  In the case of an application other than a mutual assistance application, the matters to which the issuing authority must have regard are:
(a)  how much the privacy of any person or persons would be likely to be interfered with by accessing those stored communications under a stored communications warrant; and
(b)  the gravity of the conduct constituting the serious contravention; and
(c)  how much the information referred to in subparagraph (1)(d)(i) would be likely to assist in connection with the investigation; and
(d)  to what extent methods of investigating the serious contravention that do not involve the use of a stored communications warrant in relation to the person have been used by, or are available to, the agency; and
(e)  how much the use of such methods would be likely to assist in connection with the investigation by the agency of the serious contravention; and
(f)  how much the use of such methods would be likely to prejudice the investigation by the agency of the serious contravention, whether because of delay or for any other reason.
(2A)  In the case of a mutual assistance application, the matters to which the issuing authority must have regard are:
(a)  how much the privacy of any person or persons would be likely to be interfered with by accessing those stored communications under a stored communications warrant; and
(b)  the gravity of the conduct constituting the serious foreign contravention; and
(c)  how much the information referred to in subparagraph (1)(d)(ii) would be likely to assist in connection with the investigation, to the extent that this is possible to determine from information obtained from the foreign country to which the application relates.
(3)  The warrant may be issued in relation to the investigation of more than one serious contravention or serious foreign contravention, but cannot relate to both a serious contravention and a serious foreign contravention.

117  What stored communications warrants authorise
A stored communications warrant authorises persons approved under subsection 127(2) in respect of the warrant to access, subject to any conditions or restrictions that are specified in the warrant, a stored communication:
(a)  that was made by the person in respect of whom the warrant was issued; or
(b)  that another person has made and for which the intended recipient is the person in respect of whom the warrant was issued;
and that becomes, or became, a stored communication before the warrant is first executed in relation to the carrier that holds the communication.

118  Form and content of stored communications warrants
(1)  A stored communications warrant:
(a)  must be in accordance with the prescribed form; and
(b)  must be signed by the issuing authority who issues it.
(2)  A stored communications warrant may specify conditions or restrictions relating to accessing stored communications under the warrant.
(3)  A stored communications warrant must set out short particulars of each serious contravention or serious foreign contravention in relation to which the issuing authority issuing the warrant was satisfied, on the application for the warrant, as mentioned in subparagraph 116(1)(d)(i) or (ii), as the case may be.

119  Duration of stored communications warrants
(1)  A stored communications warrant remains in force:
(a)  until it is first executed; or
(b)  until the end of the period of 5 days after the day on which it was issued;

whichever occurs sooner.
(2)  However, if the warrant relates to more than one telecommunications service and those services are not all operated by the same carrier, the warrant remains in force, to the extent that it relates to a telecommunications service operated by a particular carrier:
(a)  until it is first executed in relation to a telecommunications service operated by that particular carrier; or
(b)  until the end of the period of 5 days after the day on which it was issued;

whichever occurs sooner.
(3)  An issuing authority must not vary a stored communications warrant by extending the period for which it is to be in force.
(4)  This section does not prevent the issue of a further warrant in respect of the person in respect of whom the warrant was issued.
(5)  However, if the further warrant relates to the same telecommunications service as the previous warrant, it must not be issued within 3 days after the day on which the previous warrant was executed or (if subsection (2) applies) was last executed.