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Law enforcement must obtain a Criminal Code production order to access class members' information.
The Attorney General of Canada sought an order to compel the class action administrator (Epiq) to disclose contact information of "Unlawfully at Large" (UAL) claimants to law enforcement.
The class members, through their counsel, opposed this, arguing it was an improper use of class action administration powers and a violation of Charter rights, suggesting that the Criminal Code's production order process was the appropriate mechanism.
The court, in a joint decision from the Ontario Superior Court of Justice and the Superior Court of Québec, denied the Attorney General's broad request.
Instead, it granted a modified order, allowing disclosure only if the Attorney General first obtains a production order under s. 487.014 of the Criminal Code, thereby upholding the proper legal process for obtaining such information while acknowledging the Attorney General's good faith in bringing the motion.
