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Canadian Lawyer Magazine quotes Patrick McCann in an article about the Supreme Court of Canada rulings on the expectations of privacy in text messages

Fasken
Reading Time 1 minute read

“SCC rulings weigh in on privacy of text messages” by Gabrielle Giroday, Canadian Lawyer Magazine

Canadian Lawyer Magazine quotes Ottawa lawyer, Patrick McCann, in an article about the Supreme Court of Canada rulings on the expectations of privacy in text messages.

 

Patrick McCann, who is counsel with Fasken Martineau DuMoulin LLP in Ottawa and who acted for Jones at the SCC, says he was disappointed with the majority’s decision that seizing text messages from a service provider after they’ve been delivered is not an intercept under Part VI of the Criminal Code, which governs wire tap provisions.

However, he says in both Jones and Marakah the SCC “really held that the expectation of privacy — or the privacy interests in text messages — is not in the phone or the account where they’re found, but in the content of the message itself, the information contained in the text message.” He also says there are other important elements on the case.