Production orders under the Criminal Code are powerful
investigative tools used by law enforcement to compel documents
from organizations that are not themselves under investigation.
These frequently include financial institutions, telecommunications
services providers, and hospitals. A production order is typically
obtained ex parte (ie. without notice) and there may not
be any advance warning that it is coming. While law enforcement
will sometimes contact the organization that is subject to the
order in advance to determine, what, if any, relevant documents it
has in its possession, there is no requirement that it do so. As a
result, organizations are frequently confronted with orders that
are overbroad, that make onerous demands, or that compel production
of privileged, confidential or commercially sensitive information
which may have little or no relevance to the investigation.
Compounding the challenges that organizations face responding to
production orders is
