Emergency wiretap law struck down by Supreme Court of Canada

National Post | News

By Sheila Dabu Nonato

OTTAWA — The Supreme Court of Canada has declared emergency wiretapping without a warrant unconstitutional, opening the door for Parliament to draft a new federal law that better safeguards an individual’s privacy rights.

The decision comes after the court dismissed the appeal of a group of B.C. men who were involved in the kidnapping of a convicted drug lord. They had argued that their charter rights were violated by the interception of their private phone calls through police wiretaps.

The country’s top court said police have an obligation to “give notice to intercepted parties” in the form of a court-issued warrant.

This would “enhance the ability of targeted individuals to identify and challenge invasions to their privacy and seek meaningful remedies,” according to the judgment released Friday.

Until now, police have been able to use wiretaps without a warrant if they believe there is an urgent…

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