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ARTICLE · 27 NOVEMBER 2013

A Computer Is Not A Cupboard Says The Supreme Court Of Canada

Davies Ward Phillips & Vineberg LLP
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Prior to searching a given location, police officers must obtain authorization to do so from a judge through a search warrant.

CanadaLitigation, Mediation & Arbitration
George Addy
George Addy
Stéphane Eljarrat
Stéphane Eljarrat
Jean-Philippe Groleau
Jean-Philippe Groleau
Gabriel Querry
Gabriel Querry
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Prior to searching a given location, police officers must obtain authorization to do so from a judge through a search warrant. Once the search has been authorized, police officers may, as a general principle, search all containers found on the premises provided for in the search warrant – such as filing cabinets, boxes, briefcases and cupboards – in order to find evidence linked to an offence.

Does this general search power, however, allow police officers to search computers or electronic devices, such as smartphones, found on the premises? According to the Supreme Court of Canada's recent decision R. v. Vu, 2013 SCC 60, the answer is no. Rather, computer searches must be specifically authorized.

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