CRIM 330 Lecture Notes - Lecture 11: Affidavit, Spectrum Management, Indictable Offence

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1960"s as concerns were raised about the implications for privacy: by 1974 parliament had introduce ccc amendments relating to invasion of privacy : ccc part iv, sections 183-196, these amendments had 2 broad purposes: To use the criminal law to create a general protection of privacy; 184. (1) every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding 5 years. Note that 184. 5 was added in 1993. Consider why parliament added radio- based telephone communication why wasn"t private communication sufficient: the meaning of intercept : s. 183. Intercept includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof: the meaning of electromagnetic, acoustic, mechanical or other devices : s. 183. Originator or receiver is in canada (no need to both) Only 4 of these exceptions apply in an investigation/law enforcement context:

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