X (Re)

The capture of IMSI and IMEI identifiers by CSIS via CSS constituted a 'search' under s.8 because individuals have an objectively reasonable expectation of privacy in those identifiers and the inferences they enable, but the searches were not 'unreasonable' because they were minimally intrusive, highly accurate, conducted pursuant to the limitations of section 12 (collection strictly necessary on reasonable grounds to suspect threats to security), performed with safeguards (no content interception, rapid destruction of third‑party identifiers, operational constraints), and consistent with the Radiocommunication Act under the existing Authority; geo‑location and any content interception...

Citation: 2017 FC 1047
Parties: Applicant: |||||||||||||||||||||||||||||; Subject of Investigation: ||||||||||||||||||||||||; Amicus Curiae: Amici Curiae (Gordon Cameron; Owen Rees)
Court: Federal Court
Jurisdiction: Canada
Judgment Date: 27 September 2017
Procedural Posture: Application for Warrants Under the Canadian Security Intelligence Service Act / Final Judgment and Reasons
Outcome: Court concluded CSIS’s warrantless use of CSS to capture IMSI and IMEI from the subject’s mobile devices was a search under s.8 but was not unlawful because it was reasonable and authorized by section 12 and existing radio Authority; no contravention of Radiocommunication Act or Criminal Code on the evidence presented.
Legal Topics: Cellular Site Simulator (css), IMSI and IMEI Identifiers, Section 8 Charter Search and Seizure, Section 12 CSIS Act Authority, Radiocommunication Act Compliance, Criminal Code Interception and Mischief, Warrants and Judicial Supervision
Source Language: English

Constitutional Law National Security Privacy Law Criminal Law Telecommunications Law Cellular Site Simulator (css) IMSI and IMEI Identifiers Section 8 Charter Search and Seizure +4 more

Case Brief

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Full judgment text Legal principles 6 Authorities cited 19 Party arguments 2 Amounts and remedies 1

Parties

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Applicant

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Subject of Investigation

Amici Curiae (Gordon Cameron; Owen Rees)

Amicus Curiae

Procedural Posture

Application for Warrants Under the Canadian Security Intelligence Service Act / Final Judgment and Reasons

Legal Issues

1 Whether CSIS’s warrantless use of CSS to capture IMSI/IMEI constitutes a search under s.8 of the Charter
2 Whether that search was unreasonable under s.8
3 Whether section 12 of the CSIS Act authorizes warrantless capture of IMSI/IMEI

Ratio Decidendi

Court Disposition

Court concluded CSIS’s warrantless use of CSS to capture IMSI and IMEI from the subject’s mobile devices was a search under s.8 but was not unlawful because it was reasonable and authorized by section 12 and existing radio Authority; no contravention of Radiocommunication Act or Criminal Code on the evidence presented.

Orders

CSIS’s warrantless use of CSS to capture the identifying characteristics (IMSI/IMEI) of the subject’s mobile devices was lawful and did not contravene the Radiocommunication Act, the Criminal Code or section 8 of the Charter
Within seven days amici curiae and the Attorney General to jointly review this Judgment and Reasons and make a joint recommendation regarding redactions to the public version, guided by the open court principle; contentious issues to be brought to the Court’s attention