Supreme Court of Canada quashes warrants compelling production of text messages

In a significant victory for Stockwoods client TELUS Communications, the Supreme Court of Canada today released its decision in R. v. TELUS Communications Inc.  Five judges of the Court found that the “general warrant” provisions of the Criminal Code could not be used to compel the prospective production of SMS text messages briefly stored by TELUS, and that the police ought instead to have attempted to secure such evidence through the use of a wiretap authorization, which imposes more stringent requirements.  As a result, the Court overturned the decision of court below, quashing the original warrants.  TELUS was represented throughout the proceedings by a team comprised of Stockwoods lawyers Brian Gover; Fredrick Schumann; our former colleagues Scott Hutchison and Brennagh Smith; with assistance from Ottawa counsel Michael Sobkin.  To read the Court’s decision, click here.