Do police have to report on their use of existing electronic surveillance powers?
Yes, section 195 of the Criminal Code mandates that the Solicitor General of Canada (now Public Safety and Emergency Preparedness Canada (PSEPC)) must file an Annual report on interception authorizations. That report must include information on such things as interception applications granted and refused, and the number of persons identified in interception authorizations who were subsequently charged. The 2004 “Annual Report on the Use of Electronic Surveillance”. There is no annual report requirement for searches and seizures. However, each search and seizure of property must be followed up with a report, given to the judge who granted the warrant, or to another judge if no warrant was granted. The report must describe each item seized and must report on whether it was returned to the rightful owner, or detained for the purposes of investigation or legal proceedings.
