The accused, charged with possessing and making available child exploitation materials, brought a motion alleging his s. 8 Charter rights were violated when police obtained his IP address and downloaded files he was sharing on a peer-to-peer network.
The court dismissed the motion, finding the accused had no objectively reasonable expectation of privacy in an IP address or files made publicly available on a peer-to-peer network.
The court further held that even if a breach occurred, the evidence would not be excluded under s. 24(2).
An oral application for a stay of proceedings under s. 24(1) was also dismissed.
