Gerald Chan and Nader Hasan are counsel to the British Columbia Civil Liberties Association (BCCLA) in two important appeals dealing with text message privacy at the Supreme Court of Canada: R v Marakah and R v Jones. The Court will consider whether individuals have a reasonable expectation of privacy in their “sent” text messages residing on another individual’s device; and whether law enforcement has to obtain a Part VI authorization to acquire pre-existing text messages from a third party service provider, or whether an ordinary production order is sufficient.
Xaidsart was also counsel to Telus Communications Co. in the precursor case to these appeals, R v TELUS Communications Co., 2013 SCC 16.
Gerald will be arguing on behalf of the BCCLA in R v Marakah and R v Jones on March 23, 2017. You can watch a webcast of the hearing here.
