The accused applied to exclude evidence obtained from his home computer, arguing police unlawfully searched and copied files containing child pornography without first obtaining a warrant.
Officers attended the residence after the accused’s spouse reported discovering child pornography on a computer that was currently running and potentially encrypted.
Concerned that the presence of encryption software and the possibility of remote access could result in loss of evidence, police copied the files and seized the computer before obtaining a warrant several months later to conduct a full search.
The court held that exigent circumstances justified the warrantless seizure and copying of the files, as there was a risk of imminent loss or destruction of digital evidence.
The police actions were also found to fall within their lawful duties under the common law and s. 487.11 of the Criminal Code.
