This decision addresses two pre-trial applications in a criminal case involving an internet luring charge.
The accused sought to exclude electronic messages (Facebook) on the basis of an unreasonable search and seizure under section 8 of the Canadian Charter of Rights and Freedoms.
The Crown sought to admit a statement made by the accused to the investigating officer, arguing its voluntariness.
The court found that the accused had a reasonable expectation of privacy in the electronic communications, and the warrantless search by police was a serious Charter infringement, leading to the exclusion of the evidence under section 24(2) of the Charter.
The court also found that the Crown failed to prove beyond a reasonable doubt that the accused's statement was voluntary, citing inadequate cautioning and record-keeping by the police, rendering the statement inadmissible.
