“The Father seeks an order that Google provide all e-mails (active and deleted) from abbycolclough9@gmail.com from the date it was created until January 2020. The Father states that this can be accomplished using Mutual Legal Assistance Treaties (“MLAT”).
Treaties between sovereign states require legislation to implement them domestically. The Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 (4th Supp.) (“MLACMA”), is domestic legislation that implements various treaties or other arrangements on mutual legal assistance. It sets out the procedure for assistance and cooperation to help treaty partners in their detection and investigation of crime. Among other things, it provides ways for our treaty partners to obtain information from Canadian sources to assist in investigations undertaken by the treaty partner: Russian Federation v. Pokidyshev (1999), 1999 CanLII 3787 (ON CA) at paras. 15-16. Likewise, Canada could seek assistance from its treaty partners to assist in its investigation.
There is currently no criminal investigation ongoing regarding any actions on the part of the Mother. The procedure suggested by the Father involves this government asking Google for production of these e-mails in the course of a criminal investigation. This request is not only disproportionate to the issues before me, but completely inappropriate.”