Michael Fawcett

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.

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.

The Attorney General for Ontario applied for certiorari and mandamus to quash a provincial court judge's refusal to issue a general warrant and assistance order.

The police sought to use the general warrant to seize cryptocurrency held on a third-party exchange (Binance) by compelling the exchange to transfer the funds to a police-controlled wallet.

The Superior Court dismissed the application, finding that the general warrant was not available because other provisions in the Criminal Code, specifically Part XII.2 relating to digital assets warrants and restraint orders, provide a substantive equivalent for seizing such assets.

The appellant appealed a 24-month conditional sentence.

Based on unusual circumstances, significant pre-sentence custody, fresh evidence, and a Crown concession, the Court of Appeal found the original sentence unreasonable.

The court accepted a joint submission and varied the sentence to 12 months' incarceration, less 5 months' credit for pre-sentence custody, resulting in a net sentence of 7 months.

The applicant sought to re-open ex parte proceedings under the Mutual Legal Assistance in Criminal Matters Act (MLACMA) that resulted in Gathering and Sending Orders.

The applicant alleged material non-disclosure by the Attorney General regarding the legality of search warrants, the need for disclosure in extradition proceedings, warrantless seizure of subscriber information, and the authority to detain seized items.

The court found no material non-disclosure that would have altered the outcome or justified granting the applicant notice and standing at the MLACMA hearings.

The application to re-open was dismissed.