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Further detention of seized devices granted; technological complexity of decryption warrants continued detention.
The Crown applied under s. 490(3) of the Criminal Code for the further detention of digital devices seized from the respondent during a child exploitation investigation.
The previous detention orders had expired.
The respondent opposed the application, arguing the police failed to comply with s. 490 and violated his s. 8 Charter rights.
The Superior Court held it was not a court of competent jurisdiction to grant a Charter remedy on a summary application under s. 490(3).
The court found that the technological difficulty of decrypting the devices using brute force passcode acquisition constituted sufficient complexity to warrant further detention.
The application was granted, and the devices were ordered detained for an additional year.
