Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
19 Cards in this Set
- Front
- Back
|
What is eavesdropping? |
Everyone who willfully intercepts a private communication is guilty of an indictable offense
5 years max |
|
|
What are the two exceptions to eavesdropping? |
One-party of a conversation consents
Interceptor obtains an authorization |
|
|
What did R. v. Duarte find about eavesdropping? |
Cannot use one party consent interceptions without prior to judicial authorization |
|
|
What did R. v. Wong find about video surveillance? |
Extended r. v. Duarte to all electronic intrusions on individual privacy
Needs General warrant for video surveillance |
|
|
What does intercept mean? |
To listen, record, or acquire a communication |
|
|
What is private Communications? |
Communication with reasonable expectation of privacy |
|
|
What is a prisoner's privacy of communication? |
Don't have a reasonable expectation of privacy
Except with their lawyer |
|
|
What is the Privacy protection on emails? |
Must obtain a search warrant or a production order after the fact |
|
|
What 4 things must a police officer have for a one party consent interception? |
Reasonable grounds that a federal offense is committed
Name of person who consented
Time periods of interception
Provide particulars for prior authorization |
|
|
How must an issuing judge be satisfied for one party consent interception? |
Reasonable grounds to believe that federal offense is committed
One party consented
Reasonable grounds to believe that interception will provide information of offense |
|
|
What is a no consent interception? |
No one consents to the interception of a private communication |
|
|
How do police obtain an authorization for no consent interception? |
The application must be accompanied by an affidavit
Prosecutor must approve police officers application
Must be investigative necessity to authorization |
|
|
What must the affidavit contain for the no consent interception? part 1 |
Facts known and particulars of the offense
Type of communication
Name, address, occupation of persons intercepted
Time period for interception, and |
|
|
What must an affidavit contain for no consent interception? Part 2 |
If other investigative procedures we're tried and failed,or
Why they are unlikely to succeed,or
Why it's impracticable to use other investigative techniques |
|
|
What must an issuing Superior Court Judge be satisfied for no consent interception? |
Best interests of Justice to give authorization, and
Other investigative procedures were tried and failed, or
Other invasive procedures are likely to fail, or
Urgent enough it would be impracticable to conduct investigation using other techniques |
|
|
What is the criminal code test for investigative necessity? |
Charter Section 8 violation and remedy |
|
|
What is the common law test for investigative necessity? |
Practically speaking, no reasonable alternatives |
|
|
What are basket clauses? |
Police try to get authorization for open-ended string of people in an interception |
|
|
When can police bypass the authorization requirement all together? Emergency authorization |
Reasonable grounds to believe that
Urgency leaves no time to get an application
To prevent an unlawful act that could cause serious harm
One party to the communication will likely to be a victim or victimized |
