One Man’s Trash Is Another Man’s Treasure – The Privacy Implications Of R. v. Patrick

The saying "one man's trash is another man's treasure" has particular resonance given a recent ruling by the Supreme Court of Canada. On April 9, 2009, in a 7-0 decision, the Supreme Court found that an individual who had placed garbage bags for collection at the rear of his property had abandoned his privacy interest in the contents of the bags with them at the curb.

Background – What Is A Person Really Throwing Away When Tossing Out The Trash?

Police suspected that Russell Stephen Patrick was operating an ecstasy lab from his basement. Accordingly, on numerous occasions, they seized garbage bags placed just inside of Patrick's property line. Partially on the basis of the contents of the garbage bags, the police gathered enough evidence to obtain a search warrant for Patrick's home and, as a result, found sufficient evidence to arrest and charge him with production, possession and trafficking of a controlled substance.