Supreme Court Requires Warrant To Search Computer Content

The Supreme Court of Canada has ruled that warrants to search premises must expressly authorize the police to search computers found therein, in order to avoid infringement of s. 8 of the Canadian Charter of Rights and Freedoms – the right to be secure against unreasonable search or seizure.  The R. v. Vu,2012 SCC 40, [2012] 2 S.C.R. 411 ruling has broad application to all criminal and quasi-criminal investigations in which warrants could be used and the case will have important implications for all investigations conducted for the purpose of laying charges under public welfare legislation, such as environmental, health and safety or competition laws.

Background

In R. v. Vu, the property owner was criminally charged with production of marijuana, possession of marijuana for the purpose of trafficking and theft of electricity. The police had obtained a warrant authorizing the search of a residence for evidence of theft of electricity, including