Exclusion of Evidence
Reasonable Expectation of Privacy in IP Addresses? SCC to Decide R v Bykovets
There have been a number of landmark cases where the Supreme Court of Canada ("SCC") considered and provided guidance on "the limits on informational privacy in the digital age" (Bykovets, para 1). In particular, in R v Spencer, 2014 SCC 43 [Spencer], the SCC established that police must obtain judicial authorization through a search warrant […]
A “Fresh Start” Doctrine: R v Beaver Protects Investigations from Charter Breaches
Serious Charter breaches risk undermining society’s confidence in Canada’s justice system. For this reason, courts have developed many comprehensive doctrines to guide police conduct in criminal investigations and to determine when the police have intruded too far into individual rights. In R v Beaver, 2022 SCC 54 [Beaver], the Supreme Court of Canada discussed four […]
R v G.T.D.: When Six Words in a Police Caution Infringe Rights to Counsel
“Do you wish to say anything?” On February 14, 2018, the Supreme Court of Canada (“SCC”) decided in R v G.T.D., 2018 SCC 7 [G.T.D.] that those six words, said by an arresting officer to the accused, were sufficient to breach G.T.D’s rights to counsel under section 10(b) of the Canadian Charter of Rights and Freedoms […]