Newfoundland Provincial Court refuses to issue production order for data stored in the U.S., expressly disagreeing with recent BCCA decision on point
Judge Wayne Gorman of the Newfoundland Provincial Court recently issued a decision on the extraterritorial reach of production orders seeking stored data. In the Matter of an application to obtain a Production Order pursuant to section 487.014 of the Criminal Code of Canada involved an investigation by the Royal Newfoundland Constabulary into an alleged case of cyber-extortion, in which nude pictures of a child were sent from somewhere in Newfoundland, via Facebook, and threats made to release the pictures publicly if money was not paid. The police applied for a production order compelling a company located in the United States (not Facebook, it would appear) to produce data, despite the fact that the company has no physical presence in Canada.
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