R. v. Monteith

R. v. Monteith

Although the failure to file Form 5.2 returns for the Nokia phone data constituted a s.8 Charter breach, the breach was inadvertent and at the lower end of seriousness given unsettled law at the time and judicial authorization of the searches; the accused's privacy interests were not meaningfully undermined; balancing the Tim factors, admission of the Nokia phone data would not bring the administration of justice into disrepute and exclusion under s.24(2) is not warranted.

Citation
2024 BCSC 1929
Parties
Crown: Rex; Accused/applicant: Carlos Nathaniel Monteith
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 October 2024
Procedural Posture
Criminal Charter S.24(2) Application to Exclude Evidence (voir Dire) / Pre Trial Voir Dire
Outcome
Application dismissed; Nokia phone data admissible
Legal Topics
Section 489.1 Form 5.2 Returns, Section 24(2) Charter Exclusion, Cell Phone Data Extraction, Judicial Oversight of Seized Property, Precedent: Teixeira, Craig, Tim
Source Language
English
Criminal Law Constitutional Law Evidence Search and Seizure Digital Forensics Section 489.1 Form 5.2 Returns Section 24(2) Charter Exclusion Cell Phone Data Extraction +2 more

Case Brief

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Parties

Rex

Crown

Carlos Nathaniel Monteith

Accused/applicant

Procedural Posture

Criminal Charter S.24(2) Application to Exclude Evidence (voir Dire) / Pre Trial Voir Dire

Legal Issues

  1. 1 Whether data extracted from a seized cell phone constitutes a "thing" under s.489.1 requiring a Form 5.2 return
  2. 2 Whether failure to file Form 5.2 for extraction reports breached the accused's s.8 Charter rights
  3. 3 Whether the Nokia phone data was "obtained in a manner" that triggers s.24(2)

Ratio Decidendi

Although the failure to file Form 5.2 returns for the Nokia phone data constituted a s.8 Charter breach, the breach was inadvertent and at the lower end of seriousness given unsettled law at the time and judicial authorization of the searches; the accused's privacy interests were not meaningfully undermined; balancing the Tim factors, admission of the Nokia phone data would not bring the administration of justice into disrepute and exclusion under s.24(2) is not warranted.

Court Disposition

Application dismissed; Nokia phone data admissible

Orders

  • Application to exclude Nokia phone data under s.24(2) dismissed
  • Nokia phone data remains admissible at trial