The applicant, a doctor charged with fentanyl trafficking, brought a pre-trial motion under s. 8 of the Charter challenging several search warrants and the manner in which his electronic devices were searched.
The court upheld the initial transmission data warrants and the warrant to search the applicant's home.
However, the court found multiple s. 8 violations regarding the search of the electronic devices, including a lack of specific grounds to search all 15 seized devices, an overly broad authorization to search for photographs, the unauthorized obtaining of a medical software password from a service provider, and the failure to file a Report to Justice.
The application was allowed in accordance with these findings.
