The applicant, a victim of and witness to a shooting, brought an application to quash a search warrant and an assistance order for her cell phone.
The police had seized the phone during a lawful search of her vehicle and subsequently obtained a warrant to search the phone's contents, along with an assistance order compelling her to provide the password.
The applicant argued the seizure was unlawful, the warrant lacked grounds, and the assistance order violated her section 7 Charter right to silence.
The Superior Court of Justice dismissed the application, finding the initial seizure lawful, the search warrant validly issued with sufficient grounds, and the assistance order constitutional as the applicant was not an accused or suspect.
