C-370 – The Bringing Home Justice for Victims of Serious Crimes Act – allows a judge to order someone to unlock an electronic device as part of an investigation.
There’s a few important notes here. First, “electronic device” includes any data storage device and any programs that you might have. (So the judge could potentially order you to grant access to your Facebook login, your phone, or any password-protected USB/hard drive you might have).
The next condition on this is that an order can only be issued for a device that an officer is already approved to search, and it only applies when specific crimes are being investigated. The list is pretty long, but it pretty much boils down to terrorism, sex-related crimes, human trafficking, kidnapping, and murder. To get an order the officer needs to show that there’s suspicion a crime has been committed and that the device has information that might help with the investigation.
Failure to unlock the device when ordered is a crime punishable with up to 10 years in prison.
Finally, it’s worth noting that the ability to unlock a device does not count as evidence that you own the device or that you’re aware of what’s on it.
Progress
C-370 is outside the Order of Precedence.