On January 14, 2016, a judge of the Ontario Superior Court of
Justice issued a series of guidelines for future production orders
directed to telecommunications companies for cell tower data.
Although the guidelines focus specifically on the test for a
production order of cell tower data under the Criminal
Code (Canada) and only apply in Ontario, Justice Sproat's
reasoning may influence how courts approach production orders for
other types of data if the decision is not appealed and the
guidelines are accepted by other courts.
An Easy Case?
The guidelines issued by Justice Sproat in R. v. Rogers
Communications Inc., 2016 ONSC 70 arose out of a case in which
the police clearly sought overbroad and onerous production orders.
The respondent telecommunications companies, who would have had to
produce the data, applied to set the production orders aside.
Although the police attempted to withdraw the order, the court
allowed the respondent telecommunications companies to
