Supreme Court Of Canada Says Interception Of Text Messages Requires A "Wiretap" Authorization

Unlike most telecommunications service providers, TELUS temporarily stores electronic copies of text messages sent and received by its customers. In 2010, the Owen Sound Police Service obtained a "general warrant" under Part XV of the Criminal Code requiring TELUS to disclose copies of any text messages sent or received by two of TELUS' customers throughout a two-week period in the immediate future.

A general warrant is only available if authorization for a method of investigation is not available under another, more specific, provision of the Criminal Code or another federal statute. TELUS applied to quash the general warrant on the basis that it purported to authorize the interception of private communications, for which a "wiretap" authorization must be obtained under Part IV of the Criminal Code.