Supreme Court affirms privacy rights for Canadians who share a computer

Section 8 of the Charter of Rights and Freedoms protects Canadians against unreasonable search and seizure

Sharing a computer with someone does not mean giving up privacy rights over the material stored on the machine, the Supreme Court of Canada has ruled.

In a 9-0 decision Thursday, the high court restored the acquittal of Thomas Reeves of Sudbury, Ont., on child-pornography charges — even though his common-law spouse had consented to police seizure of a jointly used computer from their home.

In October 2012, police arrived at the home without a warrant after Reeves’ spouse reported finding what she believed to be child pornography on the computer.

The ruling said that although the couple shared the computer, Reeves had a reasonable expectation of privacy concerning its contents.

Section 8 of the Charter of Rights and Freedoms protects Canadians against unreasonable search and seizure, including cases where police have found evidence of criminal activity.

The court found the warrantless seizure of the computer and a later search of it with a flawed warrant were unreasonable, meaning the child-pornography evidence should be disallowed. Permitting the evidence would “bring the administration of justice into disrepute,” the ruling said.

Although the decision was unanimous, two of the nine judges provided their own rationales.

The majority reasons by Justice Andromache Karakatsanis said the case affects the privacy rights of all Canadians who share computers with others.

“Shared control does not mean no control,” she wrote.

“We are not required to accept that our friends and family can unilaterally authorize police to take things that we share. The decision to share with others does not come at such a high price in a free and democratic society.”

Deciding otherwise could disproportionately affect the privacy rights of low-income people, who might be more likely to share a home computer, she added.

Child-pornography offences are “serious and insidious” and there is a strong public interest in investigating and prosecuting them, the decision said. However, in applying charter rights, the question is not whether a person broke the law, but whether the police exceeded the limits of the state’s authority.

The Reeves case unfolded after he was charged with domestic assault and a no-contact order was issued that barred him from entering the family home without his spouse’s written consent.

When she contacted Reeves’ probation officer to withdraw consent, she reported the presence of the apparent child pornography on the computer, prompting the police visit.

Police held the computer without a warrant for more than four months without searching it, and failed to report the seizure to a justice despite a legal requirement to do so.

After eventually obtaining a warrant to search the computer, they found 140 images and 22 videos of child pornography. However, a judge ruled the warrant should not have been granted because the information used to obtain it was misleading and unfair.

The judge excluded the computer evidence, given the initial warrantless seizure, the lack of required reporting and the eventual reliance on a flawed warrant. However, an appeal court said the evidence should be allowed and ordered a new trial. Reeves then took his case to the Supreme Court.

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Stevenson reflects on her seven years as Chemainus Elementary School principal

Strong community and parent support for the school always evident during her tenure

Drivesmart column: Advisory bike lanes: what should you do?

Imagine a narrow road that has no markings at all used by drivers

QUIZ: How much do you know about British Columbia?

On this B.C. Day long weekend, put your knowledge of our province to the test

Bantam C3 Capitals clinch playoff banner for Cowichan with clutch run

The Capitals went into the playoffs seeded fourth in the A pool

VIDEO: Otter pups learn to swim at B.C. wildlife rescue facility

Watch Critter Care’s Nathan Wagstaffe help seven young otters go for their first dip

Alleged impaired driver sparks small wildfire near Lytton after crash: B.C. RCMP

Good Samaritans prevented the blaze from getting out of control

Travel restrictions inspiring co-operation in border communities

Small border towns are asking for exemption to travel ban

B.C. First Nation adopts ‘digital twinning’ software to better manage territory

Software allows users to visualize what a mountain might look like if the trees on its slopes were logged

Woman arrested near Nanaimo beach after alleged road rage incidents

37-year-old woman facing charges including assault, assaulting a police officer, impaired driving

All inquiry recommendations implemented after fatal Port Hardy RCMP shooting: Ministry

The Independent Investigations Office of B.C. cleared the RCMP officers involved of wrongdoing

Leave your deets when dining: Restaurants taking personal info to trace COVID-19

Health officials say indoor dining presents a higher risk

Most Read