The Crown appealed the acquittal of one respondent and the sentence of another, while the second respondent appealed his conviction.
Both cases involved border officers searching the respondents' digital devices under s. 99(1)(a) of the Customs Act, leading to the discovery of child pornography.
The Court of Appeal held that s. 99(1)(a) violates s. 8 of the Charter because it authorizes highly intrusive searches of digital devices without reasonable suspicion.
The law was declared unconstitutional with a six-month suspension.
However, applying the Grant framework, the Court admitted the evidence for both respondents due to the officers' good faith reliance on existing law and the serious nature of the offences.
The first respondent's acquittal was overturned and a new trial ordered.
The second respondent's conviction was upheld.
The Court also established a new sentencing range for child pornography possession, finding the second respondent's conditional sentence demonstrably unfit and stating a three-year sentence was appropriate, though it declined to incarcerate him given the time already served on house arrest.