Friday, March 28, 2008

Police don't have to pay when they seek third-party information: high court

The Supreme Court of Canada says police don't have to pay when they demand that third parties, such as phone companies, produce records needed in criminal investigations.

The court says there is nothing in the law to allow judges to order compensation.

The case arose after Telus Mobility was ordered to produce phone records for police in two Ontario investigations.

The company asked for an exemption from the order, saying it shouldn't have to foot the bill for compiling the information.

The case essentially boiled down to whether a judge can tell the police to pay reasonable compensation to the record holder in such cases.

The high court says the only recourse in situations where the costs would be unreasonable is for a judge to partially or fully exempt the company from the order.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

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