The accused applied to exclude text messages found on another person's cell phone, arguing that the police search violated her section 8 Charter rights against unreasonable search and seizure.
The police had searched the cell phone of an arrestee incident to her arrest for drug possession and found text messages from the accused relating to an alleged drug transaction.
The court dismissed the application, finding that the accused had standing to challenge the search but that the search was lawful as a cursory search incident to arrest.
The court also found that even if there had been a breach, the evidence would not be excluded under section 24(2) of the Charter.
