Case information

Criminal law — Interception of communications — When an accused seeks exclusion of their own private communications, do they have standing to challenge the legality of prior searches and seizures that led directly to their own interceptions — Can a Mobile Device Identifier properly be authorized as a Transmission Data Recorder pursuant to s. 492.2 of the Criminal Code — Is the make and model of the particular Mobile Device Identifier device protected by investigative technique privilege?<br>

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The applicant came to the attention of police when she communicated with the primary known target of a drug investigation whose communications were being lawfully intercepted. The applicant’s vehicle was stopped at a Canadian border crossing, and multiple kilograms of methamphetamine were found in hidden compartments. At trial, the Crown sought to tender the applicant’s own private communications against her. She brought an application seeking disclosure regarding the Mobile Device Identifier used. The hearing judge concluded that, pursuant to s. 37 of the Canada Evidence Act, RSC 1985, c C 5, the make and model of the Mobile Device Identifier was protected by investigative technique privilege. The trial judge dismissed the applicant’s s. 8 Charter application, and convicted her of six drug related offences. The Court of Appeal dismissed the appeals.