![]() ![]() ![]() The jurisprudence is clear that an important objective of the prior authorization requirement is to prevent unreasonable searches. In this particular case, the court rules that warrantless wiretap may be permissible in emergency situations, but that such circumstances make an accountability particularly important: The court’s analysis is important because it speaks to one of the major criticisms of Bill C-30 – the lack of accountability. Tse, a unanimous court ruled that the current emergency wiretap provision that allows for surveillance without a court order is unconstitutional. The Supreme Court of Canada issued an important decision last week on the wiretap provisions in the Criminal Code that should have an impact on the lawful access/online surveillance bill currently before Parliament.
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