Canada High Court Strikes Down Warrantless Wiretapping

Law360, New York (April 16, 2012, 8:25 PM EDT) -- The Supreme Court of Canada ruled Friday that a warrantless emergency wiretapping provision is unconstitutional, echoing recent sentiments by the U.S. Supreme Court that police should not be allowed to conduct certain types of surveillance without an individual’s knowledge.

In a unanimous decision, the Canadian high court found the warrantless emergency surveillance provision of the Criminal Code violated the Charter of Rights because it does not provide notice to individuals whose personal communications have been intercepted.

“In its present form, [the provision] contains no accountability measures...
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