Law Note - The Business Cost of Third-Party Production Orders by Jeffrey W. Beedell and Eugene Meehan, Q.C.


Amendments to the Criminal Code in 2004 introduced a new investigative tool for law enforcement agencies: a production order that would compel third parties to produce documents or data for use in criminal investigations. Two production orders required Telus to produce call-data records. Telus applied for exemptions from the orders on the grounds that the burden of compliance would be

unreasonable without compensation due to the cost of retrieving the archived data.

The Supreme Court of Canada did not agree.

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