The Supreme Court of Canada says police don't have to pay when they demand that third parties, such as phone companies, produce records needed in criminal investigations.
In a unanimous judgment released Friday, the court rejected an appeal by Telus Mobility, ruling there is nothing in the law to allow judges to order compensation.
Besides, companies -- just like individuals called to jury duty -- have a "general 'moral' and 'social' duty'' to assist in the maintenance of law and order, said the judgment.
The case revolves around police production orders, which were legislated into existence in 2004. The judge-granted orders are essentially search warrants that compel third parties to produce documents and data.
Telus argued that police orders for phone records in a murder case and a drug investigation placed an unreasonable burden on the company. Telus wanted compensation.
The high court ruled the only recourse in situations where the costs would be unreasonable is for a judge to partially or fully exempt the company from the order.
The judgment noted that telecommunications companies, including Telus, made the argument for compensation when Parliament was drafting the original legislation.
"Parliament's decision not to include an express right of compensation in the scheme is given added significance when understood in light of this history,'' said the ruling.
As for the cost of complying with the production orders, the high court found that projected annual costs to Telus of all such demands would total about $662,000, or 0.023 per cent of the company's operating revenues for 2004.
"This, as the Ontario Crown pointed out, is the equivalent of a person earning $100,000 a year having to spend up to $58 to comply with jury duty,'' said the judgment.
