The Attorney General of Ontario, on behalf of the Kingdom of the Netherlands, sought an order under s. 15(1) of the Mutual Legal Assistance in Criminal Matters Act to send seized data from Canada to the Netherlands for use in criminal investigations.
The data originated from Ennetcom's BlackBerry Enterprise Server, which facilitated PGP encrypted communications for 20,000 users.
Ennetcom opposed the broad transfer, raising concerns about the privacy of third-party users not involved in the specific investigations.
The court granted the sending order but imposed conditions to protect third-party interests, requiring judicial authorization in the Netherlands for access by other Dutch investigators and prohibiting access by investigators from any other country without a separate Canadian MLAT application.
