- Peace officers can demand that records be preserved and impose any conditions that they consider appropriate, including conditions prohibiting disclosure of the demand’s existence. No court order is necessary and failing to comply will be a criminal offence.
- Judges can issue an order to trace a communication. A peace officer or public officer may serve the order on any person who was involved in the transmission of the communication and whose identity was unknown when the application was made. In other words, a single order can be served by the police on any number of individuals or companies. The judge can also include conditions prohibiting a person from disclosing the existence of the order.
- Clarification that warrants can be issued to authorize the use of tracking devices including on vehicles or a “thing that is usually carried or worn by the individual”. This includes the authority to “covertly install, activate, use, maintain, monitor and remove” the tracking device, and confirms that “tracking device” includes a computer program.
- While most Criminal code provisions require “reasonable grounds to believe”, several provisions in C-13 require significantly less onerous “reasonable grounds to suspect”, making it easier for police to exercise these powers.
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