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Canada: New decision on warrantless access to ISP customer data

Posted on October 10, 2009July 3, 2025 by Dissent

David Fraser writes:

A friend just provided me with a copy of a recent decision of the Ontario Court of Justice considering the admissibility of information obtained without a warrant from the suspect’s internet service provider, Bell. R. v. Cuttell is not on CanLii yet, but I’ve put a copy here.

The Court concluded there is a reasonable expectation of privacy in your account records, but this expectation can be destroyed by your ISP if their service agreement grants them wide latitude to hand over customer information. The judge accepts that a broadly-worded statement in Bell’s contract with the customer might supplant the reasonable expectation of privacy. (I would also question whether a form contract that the customer likey has not read would be enough to mean that subjectively there is no reasonable expectation of privacy.)

In this case, there was no proof brought by the police that the Bell contract applied to this customer so a Charter breach was found.

Read more on Canadian Privacy Law Blog.

Related:
The debate about warrantless access to ISP customer information on Slaw and Fraser’s commentary.

Related posts:

  • Why Canada’s Privacy Commissioner and CRTC should heed PIAC/CAC’s recommendations about Bell’s “Relevant Ads Program”
  • Ca: Despite Privacy Commissioner’s firm recommendations, Bell refuses to make data collections for targeted advertising program opt-in
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