Canada Case Law

R. v. Campbell

Court

Supreme Court of Canada

The Supreme Court of Canada held that police could continue a text conversation from a seized phone without a warrant because exigent circumstances justified the search.

• Section 8 charter (reasonable expectation of privacy)
• Exigent circumstances (s.11(7) cdsa)
• Interception (part vi criminal code)
• Search incident to arrest
• Section 24(2) charter exclusion of evidence
• Section-8-charter-reasonable-expectation-of-privacy

Read case analysis

R. v. Campbell

Court

Court of Appeal for Ontario

Court found appellant had a reasonable expectation of privacy in his electronic communications but concluded that exigent circumstances (public safety concerns regarding suspected fentanyl) made it impracticable to obtain a warrant; therefore no s.8 Charter breach arose and the convictions and sentence were upheld.

Source excerpt

• Section 8 charter
• Exigent circumstances
• Undercover operations
• Section 24(2) exclusion
• Warrantless search
• Interception (part vi criminal code)

Read case analysis