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Charter Breaches

R v Bykovets: A Proactive Approach to Digital Privacy

In R v Bykovets, 2024 SCC 6 [Bykovets], a 5-4 majority of the Supreme Court of Canada (“SCC”) found that Internet Protocol (“IP”) addresses are protected by the right against unreasonable search and seizure in section 8 of the Canadian Charter of Rights and Freedoms [Charter]. Henceforth, police will require a search warrant to compel […]

How Long is Too Long? SCC Interprets “Forthwith” Requirement for Breath Sample Demands

In R v Breault, 2023 SCC 9 [Breault], the Supreme Court of Canada (“SCC”) settled a long-running dispute regarding the flexibility of the immediacy requirement in situations where a police officer demands a breath sample to be provided “forthwith” by a suspected impaired driver (Criminal Code, RSC 1985, c C-46, s. 254(2)(b) as it appeared […]

Crossing the Lifeline: The Psychological Benefits of Counsel in R v Whittaker

The Court of Appeal for Ontario (the “ONCA”) has provided a sobering reminder about the importance of timely access to counsel. R v Whittaker, 2024 ONCA 182 [Whittaker] reinforces the notion that extended delays in accessing counsel will generally have an extensive impact on a detainee’s s. 10(b)-protected interests. In emphasizing the psychological benefits of […]

R v Bykovets: Police Protocol for Internet Protocol

In R v Bykovets, 2024 SCC 6, the Supreme Court of Canada (“SCC”) decided that Canadians have a reasonable expectation of privacy in their Internet Protocol (“IP”) addresses. As a result, law enforcement and investigative agencies will require judicial authorization to compel disclosure of IP addresses, or else be found to breach section 8 of […]

No Good Deed: The Good Samaritan Drug Overdose Act Reaches the SCC

On February 22, 2024, the Supreme Court of Canada (“SCC”, or the “Court”) granted the Crown’s application for leave to appeal [40990] R v Wilson, 2023 SKCA 106 [Wilson]. The SCC’s decision will set a national standard regarding the limits of police powers to arrest and search a person who reports or remains at the […]

Making Sense of Consequential Charter Breaches After R v Zacharias

In R v Zacharias, 2023 SCC 30 [Zacharias], a divided Supreme Court of Canada (“SCC” or the “Court”) held that evidence obtained through an unlawful detention cannot be used to ground a lawful arrest. Although Zacharias set a uniform national standard on this point, the SCC was anything but uniform in addressing the issue and […]

Appeal Watch: Is a closing window to address a future safety risk urgent? R v Campbell

The Ontario Court of Appeal (“ONCA”) applied the rapidly developing law surrounding the expectation of privacy in cell phones and police operations in R v Campbell, 2022 ONCA 666 [Campbell, ONCA]. The ONCA affirmed that people have a reasonable expectation of privacy in their text messages when the police legally seize any cell phone containing […]

R. v. Zacharias: SCC to Consider Alleged Charter Breaches in Drug Trafficking Case

On May 15, 2023, the Supreme Court of Canada [“SCC” or “the Court”] will hear the appeal of R. v. Zacharias, 2022 ABCA 112 [“Zacharias”]. The appeal is from the Alberta Court of Appeal [“ABCA”] and relates to alleged breaches of the accused’s rights under ss. 8 and 9 of the Canadian Charter of Rights […]