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SCC rules Charter s. 8 protects privacy of some text messages

Friday, December 08, 2017 @ 4:53 PM | By Cristin Schmitz

A split Supreme Court has ruled that a sender’s texts are sometimes entitled to Charter privacy protection, depending on “the totality of the circumstances.” Moreover, police need only obtain production orders — not electronic surveillance warrants — to seize stored “electronic conversations” pursuant to the Criminal Code, the majority held.

On Dec. 8, the top court ruled for the first time on whether people who send text messages have a reasonable expectation of privacy in their texts stored on the cellphones of recipients: R. v. Marakah...