FIPA’s much praised report for the Office of the Privacy Commissioner, The Connected Car: Who is in the Driver’s Seat is now being cited as an important authority in the Supreme Court of Canada.
Last month the Supreme Court turned down a request for leave to appeal from Wayne Rodney Fedan, who was convicted in BC of two counts of dangerous driving causing death. The appeal centred on whether or not RCMP had the legal authority to remove and take information from an event data recorder in the accused’s pickup truck. The Court of Appeal upheld the conviction and the RCMP’s search.
The Court does not provide reasons in its leave decisions, so we don’t know why they declined to hear this case. The many issues raised by the collection of information by Connected Cars will have to wait for another day in court.
It is interesting to note that both the Crown and the defence cited FIPA’s Connected Car study in support of their respective contrary arguments.