The accused was convicted of theft for using a university computer without authorization to access internal programmes and files, allegedly contrary to s. 287(1)(b) of the Criminal Code which prohibits the fraudulent use of a telecommunication facility.
The Alberta Court of Appeal overturned the conviction, finding that a computer is not a telecommunication facility.
The Supreme Court of Canada dismissed the Crown's appeal, holding that a computer is a data processing facility rather than a telecommunication facility, as its primary function is not the channelling of information to outside recipients.
The Court applied the principle that criminal statutes must be strictly construed in favour of the accused.
