The applicant, charged with possessing and accessing child pornography, brought a motion to exclude evidence obtained through a production order and search warrant, alleging breaches of his s. 8 Charter rights.
The applicant argued the initial receipt of the IP address constituted a warrantless search, the search warrant lacked evidential basis, and the search was conducted unreasonably as a copy of the warrant was not provided.
The court dismissed the application, finding the passive receipt of an IP address from the National Child Exploitation Crime Centre was not a search, the production order and search warrant were properly issued, and the search was conducted reasonably under the applicable law at the time.
