tag:blogger.com,1999:blog-6273930.post7431697856132922542..comments2024-03-08T07:29:54.585-04:00Comments on Canadian Privacy Law Blog: Computers should be treated as "separate places" for search warrant purposes, Supreme Court of Canada saysprivacylawyerhttp://www.blogger.com/profile/03943567746055311435noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6273930.post-60399369732949531762013-11-12T18:04:52.345-04:002013-11-12T18:04:52.345-04:00I am regularly disappointed at how often evidence ...I am regularly disappointed at how often evidence is admitted notwithstanding a <i>Charter</i> breach. It is understandable to conclude that, given the law was uncertain and they acted in good faith, that should be reason enough to admit it in this case, but it happens all the time that a violation is found and the evidence is admitted. In my humble opinion, the police should be more actively encouraged to not violate the Charter rights of people who are presumed innocent until proven guilty on the basis of lawfully obtained evidence.privacylawyerhttps://www.blogger.com/profile/03943567746055311435noreply@blogger.comtag:blogger.com,1999:blog-6273930.post-7877949455386230372013-11-12T16:24:05.128-04:002013-11-12T16:24:05.128-04:00Regarding the last paragraph of the headnote, is t...Regarding the last paragraph of the headnote, is there any indication how section 24(2) of the Charter will be applied in future cases?<br /><br />"Having found that the search here was unlawful, the final issue is whether the evidence obtained should be excluded. Section 24(2) of the Charter requires that evidence obtained in a manner that infringes the rights of an accused under the Charter be excluded from the trial if it is established that “having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute”. Here, the ITO did refer to the intention of the officers to search for computer‑generated documents and considering that the state of the law with respect to computer searches was uncertain when police carried out their investigation and the otherwise reasonable manner in which the search was conducted, the violation was not serious. Further, there was a clear societal interest in adjudicating on their merits charges of production and possession of marijuana for the purpose of trafficking. Balancing these factors, the evidence should not be excluded. The police believed on reasonable grounds that the search of the computer was authorized by the warrant. While every search of a personal or home computer is a significant invasion of privacy, the search here did not step outside the purposes for which the warrant had been issued."Trainwreckhttps://www.blogger.com/profile/08396031730273488669noreply@blogger.com