(1) A person may give information obtained by accessing a stored communication in contravention of subsection 108(1) in evidence in a proceeding by way of an application under section 165 for remedial relief in respect of:
(a) the access; or
(b) the communication (in contravention of section 133) of information obtained by the access.
(2) A person may give preservation notice information or stored communications warrant information in evidence in a proceeding by way of an application under section 165.