On April 13, 2012, the Supreme Court of Canada issued its decision in R. v. Tse 2012 SCC 16 in which it found that s. 184.4 of the Criminal Code which permits a peace office to intercept certain private communications, without a prior judicial authorization, was unconstitutional. The section can be invoked if the officer believes on reasonable grounds that the interception is immediately necessary to prevent an unlawful act that would cause serious harm, and a judicial authorization cannot be obtained with reasonable diligence. The Court found that s. 184.4 violated s. 8 of the Charter because it did not provide a mechanism for oversight or notice to persons whose private communications had been intercepted. The breach could not be save by s. 1.
On March 24, 2013, Bill C-55, unsubtly names Response to the Supreme Court of Canada Decision in R. Tse Act received Royal Assent. These amendments to the Criminal code provide for a public reporting requirement that certain government officials make public the number of interceptions being made and the results of those interceptions. The legislation also provides that individuals must be notified of the interception within 90 days. There is provision for a delay beyond 90 days if the investigation is ongoing.
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