exkalibur said:
...................According to the Radiocommunications Act, it's illegal to own/posess/operate radio apparatus you aren't licensed for. There doesn't seem to be an exception for scanners...............
The Radiocommunication Act does make statements to that effect, however the Privacy Act also must be considered and always comes into play in any legal argument. It is impossible to isolate a specific Canadian government Act and try to make a ruling or judgment to the exclusion of all other Acts. It can't be done.
It would be like saying, "This paragraph in the Constitution says you can't do it. I don't care about any other references in the Constitution on the same subject." Not a reasonable position.
When there is any discussion about the Radiocommunications Act as relates to dissemination of frequencies in Canada, the Privacy Act always comes into play at some point because it always applies, and provides a basis for an argument on the subject one way or the other.
The distribution of scanned frequencies is permitted in Canada so long as the content is not deemed to be "personal information" as defined by the Privacy Act. To be considered "personal information", the information must be
About an Individual, that individual
Must be Identifiable, and the information
Must be Recorded. This is word for word from an appeals judge on a case related to Air Traffic Control frequencies between Nav Canada and the CBC.
Nav Canada (Canadian Air Traffic Control provider) initially won an argument, but remember all the transcripts were recorded in this situation. If you don't record your transmissions, or make them available, you are in the clear for sure. Just listening is perfectly legal.
The Case as I understand is still being appealed. A partial transcript of the appeal is listed below
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Issue Before the Court of Appeal
3. Whether the Application Judge erred in fact and in law with respect to the application of paragraph 19(2)(b) of the Act regarding public availability of information contained in recordings and transcripts of ATC radiocommunications on public radio frequencies reserved to the aeronautical service;
4. Whether the Application Judge erred in fact and in law with respect to the application of paragraph 19(2)(c) of the Act, and paragraphs 8(2)(a), (b) and subparagraph 8(2)(m)(i) of the Privacy Act;
5. Whether the Application Judge erred in fact and in law by refusing to determine the constitutionality of subsection 9(2) of the Radiocommunication Act, relating to the public availability, the use and the dissemination of information contained in ATC radiocommunications on public radio frequencies reserved to the aeronautical service; and
6. Whether subsection 9(2) of the Radiocommunication Act, as it relates to ATC radiocommunications, is contrary to paragraph 2(b) of the Charter and cannot be upheld by section 1 of the Charter.
Outcome
The appeal was heard on February 28 and March 1, 2006, and judgment was reserved.
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This all relates to captured Air Traffic Control frequencies, but similarities with all scanner frequencies seem pretty obvious.
Ragarding ownership of a Digital scanner. I have a 996T digital scanner. I bought it via mail order from the states and it went through Canadian customs clearly labeled as a digital scanner. There is certainly no question, digital scanners are allowed in Canada.
It may well be that the law will change and a higher court will deem it unlawful to capture and disseminate available air traffic frequencies in Canada, but at the moment there does not seem to be enough for any police agency to take any sort of action.
If anyone finds anything to the contrary coming from the courts (not some political wish list), please let us all know.
Cheers
Peter
www.ykf.ca
