This is for the Canadian Bar Association, following up on Mr. Caputo's question on seizure.
The issue is not that a third party is holding on to the metadata. It's the fact that it's holding it by virtue of a government order, effectively. It doesn't matter if a school principal is holding on to the contents of a student's locker by virtue of police direction or government direction. That's a seizure. If a gym is holding on to my gym bag because the cops asked them to, they're an agent of the state, and therefore there is seizure. Am I correct in that respect?