Courts and legislatures around the world have struggled to respond efficiently, coherently, and even-handedly to the challenges posed by the use of rapidly advancing and complex technologies. As a result, scholars have debated the appropriate role of each institution with respect to governing privacy in the digital age. Although this debate has primarily taken place in the American criminal procedure context, recent research has addressed similar questions regarding the relative institutional capacities of Parliament and Canadian courts. This body of research now provides an adequate foundation upon which to conduct comparative analysis. By comparing the Canadian and American experiences, this article identifies a variety of considerations relevant to the judicial and legislative processes which impact each institution’s capacity to craft efficient, coherent, and balanced digital privacy rules in the criminal procedure context.