Supreme Court affirms privacy rights for Canadians who share a computer

Section 8 of the Charter of Rights and Freedoms protects Canadians against unreasonable search and seizure

Supreme Court affirms privacy rights for Canadians who share a computer

Sharing a computer with someone does not mean giving up privacy rights over the material stored on the machine, the Supreme Court of Canada has ruled.

In a 9-0 decision Thursday, the high court restored the acquittal of Thomas Reeves of Sudbury, Ont., on child-pornography charges — even though his common-law spouse had consented to police seizure of a jointly used computer from their home.

In October 2012, police arrived at the home without a warrant after Reeves’ spouse reported finding what she believed to be child pornography on the computer.

The ruling said that although the couple shared the computer, Reeves had a reasonable expectation of privacy concerning its contents.

Section 8 of the Charter of Rights and Freedoms protects Canadians against unreasonable search and seizure, including cases where police have found evidence of criminal activity.

The court found the warrantless seizure of the computer and a later search of it with a flawed warrant were unreasonable, meaning the child-pornography evidence should be disallowed. Permitting the evidence would “bring the administration of justice into disrepute,” the ruling said.

Although the decision was unanimous, two of the nine judges provided their own rationales.

The majority reasons by Justice Andromache Karakatsanis said the case affects the privacy rights of all Canadians who share computers with others.

“Shared control does not mean no control,” she wrote.

“We are not required to accept that our friends and family can unilaterally authorize police to take things that we share. The decision to share with others does not come at such a high price in a free and democratic society.”

Deciding otherwise could disproportionately affect the privacy rights of low-income people, who might be more likely to share a home computer, she added.

Child-pornography offences are “serious and insidious” and there is a strong public interest in investigating and prosecuting them, the decision said. However, in applying charter rights, the question is not whether a person broke the law, but whether the police exceeded the limits of the state’s authority.

The Reeves case unfolded after he was charged with domestic assault and a no-contact order was issued that barred him from entering the family home without his spouse’s written consent.

When she contacted Reeves’ probation officer to withdraw consent, she reported the presence of the apparent child pornography on the computer, prompting the police visit.

Police held the computer without a warrant for more than four months without searching it, and failed to report the seizure to a justice despite a legal requirement to do so.

After eventually obtaining a warrant to search the computer, they found 140 images and 22 videos of child pornography. However, a judge ruled the warrant should not have been granted because the information used to obtain it was misleading and unfair.

The judge excluded the computer evidence, given the initial warrantless seizure, the lack of required reporting and the eventual reliance on a flawed warrant. However, an appeal court said the evidence should be allowed and ordered a new trial. Reeves then took his case to the Supreme Court.

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

A CH-149 Cormorant from 442 Transport and Rescue Squadron out of CFB Comox on a training exercise in Chilliwack on June 16, 2021. (William Snow photo)
VIDEO: Military search and rescue training in Chilliwack Wednesday

CH-149 Cormorant and CC-115 Buffalo from CFB Comox participated in downed aircraft rescue simulation

Stock photo by LEEROY Agency from Pixabay
Drop-in vaccination clinics slated in Abbotsford for construction workers

Among three sites in Lower Mainland holding no-appointment clinics in June and July

In this pre-pandemic meeting at the Friendship House in Agassiz, a packed house of residents expressed their concerns for and against the Teacup properties exclusion application to the ALC. The ALC recently denied the exclusion, keeping the McDonald Road properties as agricultural land. (File Photo/Adam Louis)
ALC refuses Teacup properties exclusion application

The decision comes nearly one year after application submitted

Chilliwack Spartans Swim Club coach Justin Daly.
Chilliwack Spartans swim coach Justin Daly wins Rubber Boot Award

Daly was recognized in a vote by fellow coaches in the BC Swim Coaches Association

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the two patients, a man and a woman likely acquired the virus in the hospital

B.C. Public Safety Minister Mike Farnworth and Attorney General David Eby attend opening of the first government-run B.C. Cannabis Store, Kamloops, Oct. 19, 2018. (B.C. government)
B.C. government to allow home cannabis delivery starting July 15

Added convenience expected to persuade buyers to ‘go legal’

The first suspension bridge is the tallest in Canada, with a second suspension bridge just below it. The two are connected by a trail that’s just over 1 km. (Claire Palmer photo)
PHOTOS: The highest suspension bridges in Canada just opened in B.C.

The Skybridge in Golden allows visitors to take in views standing at 130 and 80 metres

BC Green Party leader and Cowichan Valley MLA Sonia Furstenau introduced a petition to the provincial legislature on Thursday calling for the end of old-growth logging in the province. (File photo)
BC Green leader Furstenau introduces old-growth logging petition

Party calls for the end of old-growth logging as protests in Fairy Creek continue

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. Premier John Horgan leaves his office for a news conference in the legislature rose garden, June 3, 2020. (B.C. government photo)
B.C. premier roasted for office budget, taxing COVID-19 benefits

Youth addiction law that triggered election hasn’t appeared

A vial containing the Moderna COVID-19 vaccine is shown at a vaccination site in Marcq en Baroeul, outside Lille, northern France, Saturday, March 20, 2021. THE CANADIAN PRESS/AP/Michel Spingler
mRNA vaccines ‘preferred’ for all Canadians, including as 2nd dose after AstraZeneca: NACI

New recommendations prioritizes Pfizer, Moderna in almost all cases

Most Read