The accused, charged with sexual assault, brought a section 8 Charter application seeking to exclude text messages seized from the complainant's cell phone.
The Crown requested that the case management judge summarily dismiss the application, arguing that the Supreme Court's decision in Marakah did not apply because the complainant consented to the police photographing the messages.
The court declined to summarily dismiss the application, finding that Marakah did not definitively resolve the impact of one party's consent on the other party's privacy interests, and therefore the application raised a live issue warranting a full hearing.
