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Home > SCC Decision: March 28, 2008

SCC Decision: March 28, 2008

Fri, 2008-03-28 09:40 — Andrew Pilliar
Taxonomy upgrade extras: 
SCC summaries by Andrew Pilliar [1]
Research articles : 
Criminal [2]

Tele-Mobile Co. v. Ontario, 2008 SCC 12
Click here [3] to link to the full judgment. 
(Criminal law / Third-party production order)
Under an amendment to the Criminal Code in 2004, law enforcement agencies may obtain a production order to produce third party documents for criminal investigations.  Tele-Mobility, the subject of one of these orders, argued that the judge hearing the application could order the government to pay compensation for the cost of producing documents.  The Supreme Court disagreed, finding that while a third party could seek exemption from the order if the order imposed an unreasonable burden, the statute does not allow a court to order compensation.
Majority/Concurring: 9/0

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Links
[1] https://www.legaltree.ca/taxonomy/term/86
[2] https://www.legaltree.ca/taxonomy/term/40
[3] http://scc.lexum.umontreal.ca/en/2008/2008scc12/2008scc12.html