Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights Constitutional law Search and seizure Exclusion of evidence Validity and scope of search warrant Police obtaining warrant to search location and finding marijuana grow operation Search of two laptop computers and cellular telephone found on premises leading to arrest of appellant Whether the Court of Appeal erred by concluding that the trial judge failed to correctly apply the legal test for reviewing the issuance of the search warrant What is the scope of police authority to search computers and other personal electronic devices found within a place for which a warrant to search has been issued?

The police obtained a search warrant to enter a location in connection with a suspected theft of hydro. Upon entry, the police discovered marijuana growing in the basement of the property, as well as two laptop computers and a cellular telephone in the living room; examination of these electronic devices yielded information on the appellant, leading to his subsequent arrest on charges of production of marijuana and possession of marijuana for the purpose of trafficking. The trial judge held a voir dire and determined that evidence obtained from the search of one of the laptops and from the search of the cell phone was inadmissible as it resulted from an unreasonable search and seizure in violation of s. 8 of the Charter, and should be excluded pursuant to s. 24(2) of the Charter; on the remaining evidence, the trial judge acquitted the appellant on all counts. The Court of Appeal allowed the Crown’s appeal, finding that none of the evidence should have been excluded; it set aside the acquittal, and ordered a new trial.

Lower Court Rulings