Category: Charter Breaches

R v Canfield: Unrestricted Searches of Digital Devices at the Border Declared Unconstitutional

Over the past decade, personal electronic devices (“PEDs”) such as cell phones, tablets, and laptops have become mobile security safes for individuals’ core biographical and personal information. They contain banking...

Five Years Too Long – R v Thanabalasingham: The Jordan Rule Affirmed

The Supreme Court of Canada (“SCC”) or (“the Court”) released their decision on R. v. Thanabalasingham 2020 SCC 18 [Thanabalasingham] on July 17, 2020. This case has been consistent with...

R v Reilly: Stay of Proceeding is Not a Remedy for Systemic Charter Breaches

When someone’s Charter rights are breached, s. 24(1) of the Charter provides that a court can issue a remedy to the individual for the breach.  In criminal cases, the remedies...