The Protecting Canadians from Online Crime Act and Law Enforcement Access to Information Held by Third Parties

SKU: 61986.05

Today, personal information is no longer kept safely hidden away in our desks and filing cabinets. Instead, in large part due to the near-ubiquity of computers and the Internet, it seems that personal information is created by almost everything and is stored almost everywhere. This paper addresses two topics related to informational privacy concerns. First, law enforcement access to third party information using Criminal Code production orders is discussed. Within this context, R v Fedossenko, 2014 ABCA 314, is used as a case study into production orders, illustrating some of the legal and constitutional issues raised by law enforcement access to third party information. Second, the new “lawful access” provisions of the Protecting Canadians from Online Crime Act, SC 2014, c 31, are summarized and discussed.
This paper is part of a collection presented at LESA’s Search Warrants program in Edmonton on February 19, 2016 and in Calgary on February 26, 2016.

 

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