An Act to amend the Criminal Code (unlocking of electronic device)
Bill C-370 was a Conservative Private Member's Bill amending the Criminal Code (R.S.C. 1985, c. C-46) to create new offences for the unauthorized unlocking of electronic devices by police, border officers, and other state officials without a judicial warrant. Builds on the 2015 Alberta Court of Appeal ruling in R. v. Canfield (2020 ABCA 383) that Charter section 8 requires reasonable grounds before such searches, the 2024 Supreme Court of Canada ruling in R. v. Bykovets (2024 SCC 6) on IP-address-based searches, and ongoing privacy concerns about Canada Border Services Agency device-search practices at Canadian airports and borders. The bill would have added a clear judicial-warrant requirement for device unlocking in most circumstances. Did not pass second reading.
Status
Quick learn
Would create Criminal Code offences for police or border officers who unlock a person's electronic device without a warrant, building on court rulings that searches of devices need reasonable grounds. A Conservative private member's bill.
Issues this bill touches
- Crime & Public Safety
Bringing Home Justice for Victims of Serious Crime Act.
Legislative history
- First reading
First reading in the House of Commons.
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Official source
Read full text on Parliament of Canada