The Supreme Court of Canada's landmark ruling that emergency wiretapping without a warrant is "unconstitutional" - which could pave the way for a new federal law that better safeguards privacy rights - is being used by critics to revive their attacks on the Harper government's controversial Internet surveillance bill.
"It's a huge blow to the Conservative's Internet snooping bill," NDP justice critic Jack Harris told Postmedia News.
"I think we can expect that their legislation will face similar challenges if they put it in place. We can go after criminals aggressively without treating ordinary citizens like criminals."
Bill C-30 would require telecommunications companies to hand over customers' personal information to police without a court order. A spokeswoman for Justice Minister Rob Nicholson said the government will be reviewing the court's decision "carefully to determine next steps," but declined to comment further.
In a unanimous ruling, the country's top court said police have an obligation to "give notice to intercepted parties" in the form of a court-issued warrant; that notice can be issued after the investigation.
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 need in order to prevent an unlawful act that would cause serious harm, and if judicial authorization cannot be quickly obtained.
The Supreme Court said it would suspend its declaration of the law's invalidity for 12 months "to afford Parliament the time needed to examine and redraft the provision."
The decision comes after the court dismissed the appeal of a group of B.C. men involved in kidnapping a convicted drug lord. They said that their charter rights were violated by wiretaps.
Original Article
Source: canada.com
Author: Sheila Dabu Nonato
"It's a huge blow to the Conservative's Internet snooping bill," NDP justice critic Jack Harris told Postmedia News.
"I think we can expect that their legislation will face similar challenges if they put it in place. We can go after criminals aggressively without treating ordinary citizens like criminals."
Bill C-30 would require telecommunications companies to hand over customers' personal information to police without a court order. A spokeswoman for Justice Minister Rob Nicholson said the government will be reviewing the court's decision "carefully to determine next steps," but declined to comment further.
In a unanimous ruling, the country's top court said police have an obligation to "give notice to intercepted parties" in the form of a court-issued warrant; that notice can be issued after the investigation.
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 need in order to prevent an unlawful act that would cause serious harm, and if judicial authorization cannot be quickly obtained.
The Supreme Court said it would suspend its declaration of the law's invalidity for 12 months "to afford Parliament the time needed to examine and redraft the provision."
The decision comes after the court dismissed the appeal of a group of B.C. men involved in kidnapping a convicted drug lord. They said that their charter rights were violated by wiretaps.
Original Article
Source: canada.com
Author: Sheila Dabu Nonato
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