Charter Cases: Section 8: Search & Seizure
R. v. TELUS Communications Co., 2013 SCC 16
The telecommunications carrier, Telus, kept a backup of all text messages sent over its wireless network, potentially allowing customers to recover messages which had been accidentally deleted. Police had obtained a general warrant to access this database for the purpose of an investigation involving two Telus subscriber. Telus applied to quash the warrant, arguing that it is unlawful to intercept a private communication without specific wiretap authorization under Section VI of the Criminal Code. Continue reading
Filed under Section 8: Search & Seizure
R. v. Aucoin, 2012 SCC 66
The Appellant had been detained for two Motor Vehicle Act offences, namely using a license plate that was not registered to his vehicle and exceeding the legal blood alcohol limit. While detained, Aucoin was subject to a search which resulted in the finding of ecstasy and cocaine. He was convicted of possession of a controlled substance for the purpose of trafficking. Continue reading
R. v. Cole, 2012 SCC 53
The accused was a high school teacher who was allowed to use a school-owned laptop computer for personal use. A technician tasked with maintaining the computer on behalf of the school discovered nude photographs of an underage female student on the hard drive. He turned the computer over to the school principal who subsequently turned it over to police. The issue was whether the accused had a reasonable expectation of privacy in regard to the contents of the laptop, whether his right to be free from unreasonable search and seizure had been infringed, and whether the evidence should be excluded under Section 24(2) of the Charter. Continue reading
R. v. Nagle, 2012 BCCA 373
The BC Court of Appeal overturned the acquittal of Jennifer Nicole Nagle on a charge of possession of methamphetamine for the purpose of trafficking, ruling that travelers leaving Canada can be searched in much the same way as travelers entering Canada. Continue reading
R. v. Bacon, 2012 BCCA 323
This decision involved analysis of the principles articulated in R. v. Grant, and their application to a suspected gang leader whose vehicle proved to contain a number of prohibited and restricted firearms. Continue reading
R. v. He, 2012 BCCA 318
In R. v. He, The British Columbia Court of Appeal upheld a lower court decision, dismissing charges against the owners of the Sushi Man Japanese Restaurant in North Vancouver, sending a strong message to the Canada Revenue Agency that it cannot use its audit functions to gather evidence for a criminal investigation. Continue reading
Filed under Section 8: Search & Seizure
R. v. Tse, 2012 SCC 16
In R. v. Tse, 2012 SCC 16 (CanLII), Section 184.4 of the Criminal Code, which allowed police to wiretap individuals without their knowledge or consent, was declared to be an unreasonable infringement on the right to be free from unreasonable search an seizure. Continue reading
Filed under Section 8: Search & Seizure
R. v. Loewen, 2011 SCC 21
A police officer had smelled marijuana on the Appellant, Derek Loewen, after stopping him for speeding, and came to the conclusion that he had admitted the indictable offence of possession for the purpose of trafficking. The officer proceeded to search Mr. Loewen and found 100 grams of crack cocaine. This appeal dealt with the legality of the detention and search. Continue reading
Vancouver (City) v. Ward, 2010 SCC 27
Vancouver lawyer, Alan Cameron Ward, sued the police for violating his right to be free from unlawful search and seizure, pursuant to Section 8 of the Charter of Rights and Freedoms. At issue in the Supreme Court of Canada were the circumstances in which a court can order monetary damages as compensation for a Charter breach. Continue reading
R. v. Grant 2009 SCC 32
In Grant, the Supreme Court of Canada revisited and revised the test laid out in R. v. Collins, [1987] 1 S.C.R. 265, increasing the standard for the exclusion of evidence set out in Section 24(2) of the Charter of Rights and Freedoms. Continue reading