The accused, a designated long-term offender subject to a long‑term supervision order, was charged under s. 753.3(1) of the Criminal Code for breaching a condition prohibiting internet access except for employment purposes with written authorization.
The accused brought a Charter application alleging that police and correctional officials had tampered with his cellphone and planted electronic evidence, seeking a stay of proceedings or exclusion of evidence.
The court rejected the allegations of evidence planting and found no Charter breach, concluding the defence failed to establish misconduct on a balance of probabilities.
Although certain cellphone browsing data was given no evidentiary weight due to uncertainty about its origin, other forensic evidence and witness testimony demonstrated that the accused accessed the internet to create and use an online dating profile during the prohibited period.
The court found the offence proven beyond a reasonable doubt.
