The Crown and the accused brought pre-trial applications in a child pornography case.
The Crown sought to admit the accused's statement to police, which the court found was made voluntarily.
The accused sought to exclude evidence under the Charter, arguing that the police's use of the Child Protection System (CPS) to obtain his IP address from a peer-to-peer network violated section 8, that the search of his devices exceeded the warrant's scope, and that his 58-minute detention during the search violated section 9.
The court held that the use of CPS did not engage section 8 as there was no state action and no reasonable expectation of privacy in an IP address shared on a public peer-to-peer network.
While the court found the accused's detention was arbitrary and breached section 9, it declined to exclude the evidence under section 24(2), noting the lack of causal connection to the evidence and the seriousness of the offences.
