Decision follows trend starting in BC that a virtual presence in Canada is enough to be ordered to produce records
The Federal Court of Canada, in connection with an application for a warrant and an assistance order under the Canadian Security Intelligence Service Act, was required to consider whether an assistance order under s. 22.3(1) of that Act could be issued to order a legal person with no physical presence in Canada to assist CSIS with giving effect to a warrant. The order would have extra-territorial effect.
In a redacted decision, Re Canadian Security Intelligence Service Act (Can), the court concluded that it can, provided that the subject of the assistance order has a “virtual presence” in Canada. The decision notes that the foreign company involved was willing to assist, but needed to see a court order to manage their possible legal liability:
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