R. v. Ferguson

R. v. Ferguson

VPD executed the search unreasonably because it allowed CFSEU to participate in and obtain unrestricted access to data extracted from the seized mobile devices for purposes explicitly not authorized by the authorizing justice, effectively creating a joint search and thereby violating s.8 of the Charter.

Source-derived case information.

Citation
2018 BCSC 594
Parties
Prosecution: Regina; Accused: Knowah Ferguson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 April 2018
Procedural Posture
Criminal Attempt Murder, Conspiracy to Commit Murder, Unlawful Possession of Loaded Prohibited and Restricted Firearms / Pre Trial Application (voir Dire #4) Concerning Execution of Search Warrant on Seized Mobile Devices
Outcome
The manner in which the search of the six mobile devices was executed was unreasonable and constituted a breach of s.8 of the Canadian Charter of Rights and Freedoms.
Legal Topics
Section 8 Charter, Search Warrant Execution, Information Sharing Between Police Agencies, Admissibility of Digital Evidence, Pgp/encrypted Device Handling
Source Language
english
Constitutional Law Criminal Law Search and Seizure Digital Forensics Section 8 Charter Search Warrant Execution Information Sharing Between Police Agencies Admissibility of Digital Evidence +1 more

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Parties

Regina

Prosecution

Knowah Ferguson

Accused

Procedural Posture

Criminal Attempt Murder, Conspiracy to Commit Murder, Unlawful Possession of Loaded Prohibited and Restricted Firearms / Pre Trial Application (voir Dire #4) Concerning Execution of Search Warrant on Seized Mobile Devices

Legal Issues

  1. 1 Whether the manner of executing the search of seized mobile devices was reasonable under s.8 of the Charter
  2. 2 Whether VPD unlawfully shared or permitted CFSEU and other agencies to search data beyond the scope of the warrant
  3. 3 Whether the sharing/use of extracted data for an unrelated investigation rendered the search a joint search and breached warrant limitations

Ratio Decidendi

VPD executed the search unreasonably because it allowed CFSEU to participate in and obtain unrestricted access to data extracted from the seized mobile devices for purposes explicitly not authorized by the authorizing justice, effectively creating a joint search and thereby violating s.8 of the Charter.

Court Disposition

The manner in which the search of the six mobile devices was executed was unreasonable and constituted a breach of s.8 of the Canadian Charter of Rights and Freedoms.