reasonable expectation of privacy
Unreasonable Search and Seizure in the Workplace: SCC Grants Leave in YRDSB v ETFO
In Elementary Teachers Federation of Ontario v York Region District School Board, 2022 ONCA 476 [Elementary Teachers], the Ontario Court of Appeal (“ONCA”) explored whether employees had a right to be protected against unreasonable search and seizure in the workplace under section 8 of the Canadian Charter of Rights and Freedoms [Charter]. Determining that employees have section 8 Charter rights, the ONCA also ruled on the scope of employees’ reasonable expectation of privacy, setting out important developments on this issue in the process. On March 16, 2023, the Supreme Court of Canada (“SCC”) granted the application for leave to appeal in this case.
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 […]
R v Jarvis: Carving out a Contextual Approach to Privacy
The Supreme Court of Canada (“SCC” or the “Court”) released a landmark decision last month that defines privacy rights in public areas. In R v Jarvis, 2019 SCC 10 [Jarvis], the Court overruled a Court of Appeal for Ontario (“ONCA”) decision and decided that people can have a reasonable expectation of privacy even in public […]
In Your Own Backyard: The Implied Licence Doctrine and Section 8 of the Charter in R v Le
Do police officers have the power to enter a person’s backyard without express permission from the owner? On January 25, 2018, the Ontario Court of Appeal (“ONCA”) released R v Le, 2018 ONCA 56 [Le], a decision where the majority found the police had lawfully entered a backyard in order to investigate potential criminal activity. What […]
R v Jarvis : Schooling Privacy
NOTE: there is a publication ban in this case, pursuant to section 486.4 of the Criminal Code, which prohibits the dissemination of information that may identify the witnesses. This post is intended to comply with the restriction so that it may be published. In R v Jarvis, 2017 ONCA 778 [Jarvis] the Ontario Court Appeal found […]