Unit 2: Criminal Law

CHAPTER 7: BRINGING THE ACCUSED TO TRIAL

E-ACTIVITY: WIRETAPPING AND TELEMARKETING FRAUD (p. 199)

Activity: Jigsaw Wiretapping Issues

Telemarketing scams defraud thousands of Canadians each year. This is an international problem, and police agencies around the world have tried various techniques to crack down on these scams. Wiretapping is one of the more successful tools used today to fight against this crime. To find out more about the use of wiretapping to fight telemarketing fraud, participate in the following jigsaw activity.

1. Visit the Web site of Industry Canada to learn how the Criminal Code has been amended so that the Competition Bureau can legally tap phone lines to fight phone fraud.

Form home groups of four students. Each of you then selects one of the following pairs of questions to research.

Pair A

• What is the maximum penalty for telemarketing fraud?


• What section of the Criminal Code allows for the use of wiretapping to fight phone fraud? What does this section of the Code allow for?

Pair B

• What procedure is followed to allow for judicial authorization?


• What conditions must be satisfied to allow for the interception of private communications without consent?

Pair C

• Who will conduct the interception of the private communications?


• What other investigative tools does the Competition Bureau use to investigate offences under the Competition Act?

Pair D

• Why is wiretapping important in the fight against telemarketing fraud?


• What other offences allow for the use of wiretapping under the Competition Act?

Each of you then moves to an expert group made up of other students researching the same pair of questions. Work with your expert group to find the best answers.

When you have found the answers to both questions, return to your home group to share your findings.

2. As a follow-up to your jigsaw exercise, visit the Competition Bureau and summarize the facts of the first example in Appendix 1, called "Deceptive Telemarketing." Briefly summarize the circumstances under which the Competition Bureau could seek authorization to wiretap without consent.