The police suspected the accused of operating a marijuana grow operation and requested the electric utility company to install a digital recording ammeter (DRA) on the power line to his home without a warrant.
The DRA data showed a cyclical pattern of electricity use consistent with a grow operation, which the police used to obtain a search warrant.
The Supreme Court of Canada held that the accused did not have a reasonable expectation of privacy in the DRA data, given the nature of the information revealed and the regulatory scheme permitting the utility to disclose customer information to police.
The appeal was allowed and the convictions were restored.
