R. v. Flintroy

R. v. Flintroy

The passport photograph, though not necessarily constituting biographical core, is personal information; the applicant had a subjective expectation of privacy that was objectively reasonable given the purpose of disclosure to CIC and the lack of clear notice that the photo could be used by law enforcement, and...

Source-derived case information.

Citation
2018 BCSC 1692
Parties
Crown: Regina; Accused: Charleen Teresa Flintroy; Applicant/accused: Dennis Alexander Halstead; Accused: Jason James Heyman; Accused: Cameron Mak
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 September 2018
Procedural Posture
Criminal / Voir Dire (standing Application Under S.8 Charter)
Outcome
Applicant granted standing to allege a s.8 Charter breach in respect of materials provided by Citizenship and Immigration Canada; the court did not rule on the merits of any s.8 breach.
Legal Topics
Section 8 Charter, Reasonable Expectation of Privacy, Third‑party Records, Passport Records, Access to Information
Source Language
english
Constitutional Law Criminal Law Privacy Law Administrative Law Section 8 Charter Reasonable Expectation of Privacy Third‑party Records Passport Records +1 more

Source-derived case record

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Parties

Regina

Crown

Charleen Teresa Flintroy

Accused

Dennis Alexander Halstead

Applicant/accused

Jason James Heyman

Accused

Cameron Mak

Accused

Procedural Posture

Criminal / Voir Dire (standing Application Under S.8 Charter)

Legal Issues

  1. 1 Whether the applicant has a reasonable expectation of privacy in his passport photo held by Citizenship and Immigration Canada such that he has standing to allege a s.8 Charter breach
  2. 2 Whether third‑party possession, application form notices, or alleged abandonment negate a reasonable expectation of privacy

Ratio Decidendi

The passport photograph, though not necessarily constituting biographical core, is personal information; the applicant had a subjective expectation of privacy that was objectively reasonable given the purpose of disclosure to CIC and the lack of clear notice that the photo could be used by law enforcement, and therefore the applicant is granted standing to challenge an alleged s.8 Charter breach.

Court Disposition

Applicant granted standing to allege a s.8 Charter breach in respect of materials provided by Citizenship and Immigration Canada; the court did not rule on the merits of any s.8 breach.

Orders

  • Order granting Mr. Dennis Alexander Halstead standing to challenge the search/seizure under s.8 of the Charter in relation to the passport photograph and related CIC records; no determination made on the substantive s.8 breach or remedy