R. v. Wong

R. v. Wong

The June 14, 2012 warrant authorized seizure of mobile phones, computers and other electronic devices but did not provide the specific pre-authorization required to search the electronic data; therefore the July 2012 and May 2013 examinations of device contents were unauthorized and constituted breaches of s.8 of the Charter.

Citation
2017 BCSC 1171
Parties
Crown: Regina; Accused: Shu Tshung Wong; Accused: Lena Truong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 July 2017
Procedural Posture
Criminal Charter Application / Voir Dire (pre Trial)
Outcome
Court found the July 2012 and May 2013 searches of electronic data unauthorized and in breach of s.8 of the Charter; remedy to be determined after submissions.
Legal Topics
Charter S.8 (unreasonable Search and Seizure), Charter S.24(2) (exclusion of Evidence), Search Warrants, Computer/electronic Device Searches, Controlled Drugs and Substances Act Warrants
Source Language
English
Criminal Law Constitutional Law Search and Seizure Evidence Law Cyber/forensic Search Procedures Charter S.8 (unreasonable Search and Seizure) Charter S.24(2) (exclusion of Evidence) Search Warrants +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Crown

Shu Tshung Wong

Accused

Lena Truong

Accused

Procedural Posture

Criminal Charter Application / Voir Dire (pre Trial)

Legal Issues

  1. 1 Whether the June 14, 2012 warrant authorized searches of electronic data on seized devices
  2. 2 Whether the July 2012 and May 2013 examinations of electronic devices were lawful or constituted s.8 Charter breaches
  3. 3 Whether prior refusal of a data search warrant indicated police bad faith or deliberate disregard of judicial direction

Ratio Decidendi

The June 14, 2012 warrant authorized seizure of mobile phones, computers and other electronic devices but did not provide the specific pre-authorization required to search the electronic data; therefore the July 2012 and May 2013 examinations of device contents were unauthorized and constituted breaches of s.8 of the Charter.

Court Disposition

Court found the July 2012 and May 2013 searches of electronic data unauthorized and in breach of s.8 of the Charter; remedy to be determined after submissions.

Orders

  • Declared that searches of electronic data on seized devices on July 20-27, 2012 (Det. Fincham) and May 21-22, 2013 (Det. Smart) were unauthorized and violated s.8 of the Charter
  • Remitted determination of appropriate remedy under s.24(2) and any further relief to a subsequent hearing following submissions from counsel