All Section 08 - Search & Seizure

R v. Marakah, 2017 SCC 59 (McLachlin): [54] I conclude that Mr. Marakah’s subjective expectation that his electronic conversation with Mr. Winchester would remain private was objectively reasonable in the totality of the circumstances. Each of the three factors relevant to this inquiry in this case, place, capacity to reveal personal information, and control, support this conclusion. If the place Read more...

R v Pilon, 2018 ONCA 959 (Hourigan): [27] Notwithstanding the broad statement in para. 102 of Golden, that exigent circumstances are limited to safety concerns, and the absence of case law considering preservation of evidence as an exigent circumstance justifying a field strip search, it is at least arguable that the Supreme Court in Golden left open the possibility that Read more...

R v Balendra – 2019 ONCA 68 (Harvison Young): [40] The Supreme Court of Canada reviewed the law applicable to the scope of searches incident to arrest in the context of cell phones in R. v. Fearon, 2014 SCC 77, [2014] 3 S.C.R. 621. Cromwell J., writing for the majority, wrote of the need to recognize, on the one hand, Read more...

R v Balendra – 2019 ONCA 68 (Harvison Young): [40] The Supreme Court of Canada reviewed the law applicable to the scope of searches incident to arrest in the context of cell phones in R. v. Fearon, 2014 SCC 77, [2014] 3 S.C.R. 621. Cromwell J., writing for the majority, wrote of the need to recognize, on the one hand, Read more...