Child and Family All Nations Coordinated Response Network v. Shaw Communications Inc., (2016) 329 Man.R.(2d) 116 (QBFD)

• Judge: MacPhail, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 17, 2016
• Jurisdiction: Manitoba
• Citations: (2016), 329 Man.R.(2d) 116 (QBFD);2016 MBQB 127

CFS v. Shaw Com. Inc. (2016), 329 Man.R.(2d) 116 (QBFD)

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. JL.019

Child and Family All Nations Coordinated Response Network (applicant) v. Shaw Communications Inc. (respondent)

(CP 15-01-15149; 2016 MBQB 127)

Indexed As: Child and Family All Nations Coordinated Response Network v. Shaw Communications Inc.

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

MacPhail, J.

June 17, 2016.

Summary:

Child and Family All Nations Coordinated Response Network (ANCR) applied for an order that Shaw Communications Inc. produce a customer name, address and telephone number associated with a certain user name and IP address used on a specified date. Shaw took no position with respect to the relief sought by ANCR.

The Manitoba Court of Queen's Bench, Family Division, dismissed ANCR's application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Guardian and Ward - Topic 873

Public trustee or guardian - Powers - Extent of (incl. limitations on) - [See Telecommunications - Topic 3545 ].

Telecommunications - Topic 3545

Internet (World Wide Web) - Internet service providers and site operators - Disclosure of information - Child and Family All Nations Coordinated Response Network (ANCR) applied for an order that Shaw Communications Inc. produce a customer name, address and telephone number associated with a certain user name and IP address used on a specified date - The ANCR wanted the information to identify a Skype user (possibly a child) who might have had chats with a foreign child sexual offender - The ANCR wanted the information for investigative purposes and to see if the Skype user needed assistance in any way - The Manitoba Court of Queen's Bench, Family Division, dismissed the application - The court lacked statutory jurisdiction to grant the relief - Further, there was no proper evidentiary foundation for the exercise of the court's parens patriae jurisdiction to make the order - The court stated that any expansion of ANCR's investigative powers or ability to obtain information was matter best left to the Manitoba Legislature - See paragraphs 44 to 85.

Counsel:

Kris M. Saxberg, for the applicant;

Maria L. Grande, for the respondent.

This application was heard before MacPhail, J., of the Manitoba Court of Queen's Bench, Family Division, Winnipeg Centre, who delivered the following judgment on June 17, 2016.