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OTTAWA – The Canadian Constitution Foundation (the “CCF”) has been granted intervener status to assist the Supreme Court of Canada in deciding an important case about the extent to which Canadians have a right to keep personal information stored on work devices and systems free from the prying eyes of regulators.

In Binance Holdings Limited v. Ontario Securities Commission, an online crypto trading platform is challenging an order from the Ontario Securities Commission to hand over all devices and data of its directors, officers, employees, contractors, agents and consultants for cloning, regardless of whether those devices contain personal chats, texts or photos. Binance argued the demand was too broad because the devices and platforms in question were also used for personal purposes. The Ontario Court of Appeal disagreed, finding they are business records.

The CCF will make three submissions. First, the CCF will submit that section 8 of the Canadian Charter of Rights and Freedoms, which protects the right to security against unreasonable searches and seizures, requires that regulators carefully craft their demand orders to ensure that the personal chats, emails, text messages, location information, and photos that are commonly now intermingled with business records are not captured by the orders. Second, the CCF will submit that the subjects of searches must have a reasonable opportunity to challenge a production demand before they are forced to comply. Third, the CCF will submit that the court ought to clearly define the types of fishing expeditions that would constitute unreasonable searches by regulators.

CCF Litigation Director Josh Dehaas said the CCF is intervening to protect the privacy of all Canadian workers, who increasingly store personal information on the platforms and devices on which they also conduct business.

“The fact that business records attract a low expectation of privacy cannot become an excuse for state agents to copy our laptops and phones without any regard to the private chats, photos and emails stored on those devices and platforms where we also happen to do work,” Dehaas said. 

“While it may be wise to keep personal information off work devices, that is not realistic in 2026, where the personal and the professional are all mixed up,” Dehaas added.

“We are very pleased that the Supreme Court will be tackling these important privacy questions.”

The CCF is represented in this case by J. Kenneth McEwan and Jason Roberts of McEwan Partners.

The CCF is a charity dedicated to defending Canadians’ constitutional rights and freedoms.

To learn more about your privacy rights, consider taking the CCF’s free online course Privacy and Surveillance: Know your rights.