criminal law Archives

Criminal Law

Are smartphones computer systems under the Criminal Code? R v Cockell

Every now and again you read decisions that make you shake your head. Mine felt like a salt shaker when I read the decision of the Alberta Court of Appeal last week in R. v. Cockell, 2013 ABCA 112. In this case the Court reversed the conviction of an accused on three counts of child luring using a computer system under s 172.1(1) of the Criminal Code. Why? Incredibly, because it wasn’t proved the BlacKBerry smartphone used to commit the offense was a computer system.…

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Wiretap intercept rules apply to mobile text messages says Supreme Court: R v TELUS

The Supreme Court decided yesterday that police are required to comply with Part VI of the Criminal Code if they want to secure the prospective and continuous production of text messages from a mobile carrier like TELUS. In R. v. TELUS Communications Co., 2013 SCC 16, the Court ruled that police cannot merely obtain a general warrant. Rather to obtain copies of text messages in these circumstances, they must obtain an intercept order and comply with the conditions needed to intercept voice communications.…

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Charter protects employees’ privacy in data stored on employer computers rules Supreme court in R v Cole

The Supreme Court released its reasons in R. v. Cole, 2012 SCC 53 on Friday. It confirmed that a person has a reasonable expectation of privacy in his personal computer, even if it is owned by his or her employer. A police search of the computer without a warrant violated the accused’s rights under the Canadian Charter of Rights and Freedoms. However, the evidence could nevertheless be admitted into evidence on the facts of the case.

The facts in R v Cole were summed up in the headnote of the case as follows:

The accused, a high-school teacher, was charged with possession of child pornography and unauthorized use of a computer.

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