Guelph Mercury

Supreme Court ruling on wiretapping could have gone further

The Supreme Court of Canada recently released a landmark ruling in Regina-versus-Tse that strikes down the constitutionality of a section of the Criminal Code that allows police to intercept private communications in exceptional circumstances.

The court — ruling on a 2006 British Columbia drug-related kidnapping case — was unanimous in its decision, and the reasons were authored by Prime Minister Stephen Harper’s two recent appointees. This case is interesting, since one of these appointees, Justice Michael Moldaver, sided with the Crown more often than his peers while sitting on the Ontario Court of Appeal.

The contested part of the Criminal Code allows police to intercept private communications without prior authorization by a judge if the officer believes on reasonable grounds that the interception is required immediately to “prevent an unlawful act that would cause serious harm.”

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