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Search of a military member's electronic devices abroad did not violate section 8 of the Charter.
A member of the Canadian Armed Forces posted abroad was convicted of voyeurism, possession of a device for surreptitious interception of private communications, sexual assault, and disgraceful conduct, following a search of his residence and electronic devices by Canadian military investigators and local police operating under a Virginia warrant.
The appellant challenged the search as violating s. 8 of the Charter, arguing the search was unauthorized and unreasonably expanded to cover unanticipated offences.
The majority held that the search was authorized by law under the Virginia warrant, which expressly covered electronic devices; that the warrant met the Vu standard for specific prior authorization of digital searches; and that evidence of sexual assault discovered inadvertently during triage of electronic devices was admissible under the plain view doctrine.
The Court declined to reconsider the extraterritorial application of the Charter as established in R. v. Hape.
The appeal was dismissed and convictions affirmed.
