APPEAL from R v. Spencer, 2011 SKCA 144 (25 November 2011), affirming in part and setting aside in part R v. Spencer, 2009 SKQB 341 (31 August 2009). Leave to appeal granted, Matthew David Spencer v. Her Majesty The Queen, 2013 CanLII 2395 (24 January 2013), Supreme Court (Canada)
Ruling
Appeal dismissed.
Holding
Users may have a reasonable expectation of privacy in their Internet service provider subscriber information, as its disclosure will often identify users with intimate or sensitive activities carried out online with the expectation of anonymity.
Court membership
Chief Justice: Beverley McLachlin Puisne Justices: Louis LeBel, Rosalie Abella, Marshall Rothstein, Thomas Cromwell, Michael Moldaver, Andromache Karakatsanis, Richard Wagner
Reasons given
Unanimous reasons by
Cromwell J
R v Spencer, 2014 SCC 43 is a landmark decision of the Supreme Court of Canada on informational privacy. The Court unanimously held that internet users were entitled to a reasonable expectation of privacy in subscriber information held by Internet service providers. And as such, police attempts to access such data could be subject to section 8 of the Charter of Rights and Freedoms.
At issue was whether the police could request subscriber information associated with an IP address from an Internet service provider without prior judicial authorisation, who could then voluntarily provide it. The Supreme Court ruled that the request for internet subscriber information infringed the Charter's guarantee against unreasonable search and seizure.[2]
^SCC Case Information - Docket 34644 Supreme Court of Canada
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