This paper examines recent jurisprudence on digital privacy, and the implications on wiretap litigation. It provides a general overview of s 8 of the Canadian Charter of Rights and Freedoms. It also discusses the current and future implications of the Supreme Court of Canada decisions in R v Marakah, 2017 SCC 59, and R v Jones, 2017 SCC 60, on digital privacy. Additionally, collateral orders in wiretap authorizations (e.g. court approved deployment of Mobile Device Identifiers or IMSI Catchers) are considered.
This paper is part of a collection presented at LESA’s Search and Seizure program in Calgary on June 2, 2018 and in Edmonton on June 9, 2018.