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

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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

QUIZ: Put your knowledge of Canada to the test

How much do you know about our country?

LETTER: Langley couple hanging out in Bali during COVID

There are worse places to be during what one local reader calls his pineapple pandemic

LETTER: Is B.C. really doing as well as it thinks when it comes to COVID?

Stop comparing this province to the U.S., but rather look to our neighbours across the Pacific Ocean

Seniors homes in Langley preparing to re-open for visitors

On Tuesday, B.C.’s top doctor announced new visitation guidelines for long-term care facilities

‘This year is unlike any other’: Trudeau delivers Canada day address

Sophie Gregoire Trudeau and the Prime Minister release video celebrating the national holiday

Facing changes together: Your community, your journalists

Thanks for helping the Langley Advance Times to continue its mission to provide trusted local news

PHOTOS: Dual rallies take over Legislature lawn on Canada Day

Resist Canada 153 highlighted colonization and genocide, Unify the People called COVID a hoax

Gov. General honours Canadians for bravery, volunteer service

Five categories of winners presented on Canada Day

COVID-19: Should non-medical masks be mandatory in Canada?

New poll shows Canadians are divided on the rules around mandatory masks

Northbound lane of Coquihalla closed after vehicle incident near Hope

A northbound lane is closed just north of the Great Bear Snowshed, according to DriveBC

‘A little bit scary for everybody’: Air passengers wary as new rules take effect

Masks or face coverings have been mandatory on flights since April 20

VIDEO: Prince William and Kate chat with B.C. hospital staff about COVID-19

Seven-minute video posted to Youtube on Canada Day

Most Read