A Commentary On Recent Legal Developments By The Opinions Group Of Mccarthy Tetrault LLP

In R. v. TELUS Communications Co., 2013 SCC 16, a majority of the Supreme Court of Canada this week enhanced the protection of individual privacy by restricting police access to text messages. In essence, Telus successfully challenged the procedure by which the police obtained authorization to access text messages stored in the Telus computer database. The result is that the rigorous wiretap authorization procedure (rather than less rigorous alternative processes) applies where the police seek in advance access to future text messages.

The debate arose because the police had obtained authorization to access text messages from Telus under the Criminal Code "general warrant" procedure. A general warrant was available only if there were no other provision of the Criminal Code that could provide the necessary authorization to get the text messages. The particular issue was whether the police "intercept a private communication" when they retrieve the messages from the