The decision addresses a constitutional challenge to section 16(3) of the Immigration and Refugee Protection Act (IRPA) regarding the search of digital devices at the border.
The court finds that the provision is unconstitutional as it permits searches of digital devices without any threshold, and declares it null and void as against the applicant, Kerwin Sonny.
However, the court declines to exclude the evidence obtained from the search, applying the Grant analysis and finding that the state conduct was not serious, the impact on the applicant was substantial, but society’s interest in adjudication on the merits favoured admission.
The decision also clarifies the scope of standing for Charter challenges and the limits of remedies for third-party Charter violations.
