The applicants sought to exclude text messages obtained by police through a production order directed to a telecommunications provider, arguing that the messages constituted private communications requiring a wiretap authorization under Part VI of the Criminal Code.
The court accepted that text messages attract a reasonable expectation of privacy but held that the statutory regime governing interceptions applies only to contemporaneous surveillance of communications.
The retrieval of stored text messages from a service provider after the communication had occurred did not amount to an interception.
The court found that the use of a production order under s. 487.012 of the Criminal Code was the proper legal mechanism and did not violate s. 8 of the Charter.
