Order to computer system’s custodian
83.223 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — that is terrorist propaganda or computer data that makes terrorist propaganda available — stored on and made available to the public through a computer system that is within the court’s jurisdiction, the judge may order the computer system’s custodian to
(a) give an electronic copy of the material to the court;
(b) ensure that the material is no longer stored on and made available through the computer system; and
(c) provide the information that is necessary to identify and locate the person who posted the material.
Notice to person who posted material
(2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and to show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the computer system’s custodian to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.
Person who posted material may appear
(3) The person who posted the material may appear and be represented before the court in order to oppose the making of an order under subsection (5).
Non-appearance
(4) If the person who posted the material does not appear before the court, the court may proceed to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.
Order of deletion
(5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, it may order the computer system’s custodian to delete the material.
Destruction of electronic copy
(6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.
Return of material
(7) If the court is not satisfied that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, the court shall order that the electronic copy be returned to the computer system’s custodian and terminate the order under paragraph (1)(b).
Appeal
(8) An appeal lies from an order made under subsection (5) or (6) by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with any modifications that the circumstances require.
Consent
(9) No proceeding under this section shall be instituted without the Attorney General’s consent.
When order takes effect
(10) No order made under any of subsections (5) to (7) takes effect until the time for final appeal has expired.
Definitions
(11) The following definitions apply in this section.
computer data has the same meaning as in subsection 342.1(2). (données informatiques)
computer system has the same meaning as in subsection 342.1(2). (ordinateur)
court has the same meaning as in subsection 320(8). (tribunal)
data [Repealed, 2015, c. 20, s. 35]
judge has the same meaning as in subsection 320(8). (juge)
terrorist propaganda has the same meaning as in subsection 83.222(8). (propagande terroriste)
Annotations
- Part II