The accused was charged with possession of child pornography contrary to Section 163.1(4) of the Criminal Code after child pornography was discovered on his cell phone during a secondary examination at the Prescott Port of Entry.
The accused sought to exclude the evidence pursuant to Section 24(2) of the Charter, arguing that the evidence was obtained in violation of his Section 8 rights.
The court found that while the initial search of the phone was lawful, the continued search after the first image was discovered was conducted solely for the purpose of gathering evidence to support a criminal prosecution, thereby exceeding the officer's statutory authority under the Customs Act.
The court excluded all evidence, finding that admission would bring the administration of justice into disrepute.
