Although both types of
judicial authorization require reasonable grounds, a wiretap authorization also requires the police to establish investigative necessity — with some exceptions in Canadian law that do not arise here.
Not exact matches
A wiretap
authorization is the appropriate
judicial order that
requires law enforcement to establish investigative necessity (with some exceptions) in addition to probable cause.
To illustrate why this has been a concern, while the Fourth Amendment will
require border officials to have reasonable suspicion to engage in invasive search techniques such as strip searches, but do not need any cause or
judicial authorization to search the body or personal effects of a person at the border.
It has been clearly established that the Charter
requires prior
judicial authorization for the non-consensual interception of communications unless exigent circumstances exist, and this general rule logically extends to the surreptitious collection of data revealing the content of private communications.
The issue before the Supreme Court of Canada in this case was whether a warrant to search a location automatically extends to computers found in that location, or whether specific
judicial authorization is
required in order for computers to be searched.
As the respondent correctly points out, police may discover computers in a range of situations and it will not always be appropriate to
require specific, prior
judicial authorization before they can search those devices.
The Feeney case stands for the proposition that
judicial authorization is
required for the police to enter a private home and forcibly make an arrest.
In the three decades federal law enforcement has been
required to report to Parliament on the number of times it receives
judicial authorization to conduct electronic surveillance on individuals, its use has declined steadily.
These activities have the potential to violate human rights, and so our laws must reflect the highest standards and
require intelligence agencies to
require prior
authorization by an impartial and independent
judicial body.