The accused applied under ss. 8 and 24(2) of the Canadian Charter of Rights and Freedoms to exclude documents seized from a correctional facility pursuant to a search warrant seeking handwriting samples connected to alleged tax fraud offences.
The court held that the accused had no reasonable expectation of privacy in documents contained in institutional administrative files, but retained a limited privacy interest in personal papers stored in his jail cell.
Although a correctional officer lawfully seized the accused’s belongings under institutional authority in preparation for the warrant’s execution, the police officer exceeded the scope of the warrant by seizing all property without first determining whether items fell within its terms.
This constituted a breach of s. 8.
Applying the framework in R. v. Grant, the court declined to exclude the evidence, finding the breach unintentional, the privacy impact minimal, and the evidence important to the prosecution.
