Police obtained broad “tower dump” production orders requiring telecommunications providers to disclose subscriber information for thousands of mobile devices connected to multiple cell towers during specified time periods.
The providers brought Charter applications challenging the orders and seeking to quash them or obtain exemptions.
The police then applied to revoke the production orders under the Criminal Code to replace them with narrower orders.
The court held that revocation applications may proceed ex parte and revoked the original orders, but exercised its discretion to hear the telecommunications companies’ Charter applications even if they were rendered moot because of the broader public importance of privacy concerns relating to tower dump production orders.
