On May 5th 2017, the Ontario Court of Appeal released its decision in R v Reeves, 2017 ONCA 365 [Reeves], which deals with issues relating to the search and seizure of a computer from a jointly-owned home. The judgment also considers the admissibility of evidence (child pornography, in this case) obtained in violation of an […]
The Ontario Court of Appeal’s (“ONCA”) decision in R v Shin, 2015 ONCA 189, upheld a drug trafficking conviction that followed from an extensive police investigation in the Greater Toronto Area (“GTA”). Brian Shin was arrested after he entered a stash house where police were waiting for him. Although the arrest violated Shin’s Charter rights, […]
In R v Vu, [2013] 3 SCR 657 [Vu], a landmark decision regarding section 8 of the Canadian Charter of Rights and Freedoms [Charter], the Supreme Court of Canada unanimously ruled that specific prior authorization is needed to search individuals’ computers and similar devices.
On Friday the SCC set a precedent for awarding constitutional damages for Charter violations in the decision of City of Vancouver v. Ward, 2010 SCC 27. The SCC in part allowed the City of Vancouver and Province of British Columbia’s appeal of Tysoe J.’s award of damages to Alan Cameron Ward for Charter violations. Ward […]
Truckers and other highly mobile workers will be a little more wary when they are travelling on the highway in the course of their employment due to the SCC’s most recent decision. On Friday the SCC released its unanimous decision in R. v. Nolet, 2010 SCC 24, which negatively impacts the minimal right to privacy […]
Introduction In many ways, it is difficult to argue with the result of the Supreme Court of Canada’s ("SCC") decision in R v Clayton, [2007] 2 SCR 725 [Clayton] released on July 6, 2007. In Clayton, the court restored the convictions of two accused who had been found in possession of loaded handguns, and were part […]