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Ontario Court of Appeal held the general warrant authorized seizure of multiple phones and the nearby door void search, so there was no s. 8 breach; appeal allowed and a new trial ordered.
The court considered exclusion of digital evidence after finding a s. 8 Charter breach in the search warrant process, and admitted the evidence under s. 24(2).
The court upheld most of a warrant-based search for child pornography evidence, but found paragraph 1.b. of the first warrant defective and unsupported by the record.
The court held that a warrant listing the accused’s cell phone as an item to seize did not specifically authorize a search of its contents, so the phone search breached s. 8.
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