Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 27 NOVEMBER 2013

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

Davies Ward Phillips & Vineberg LLP
Explore more from Davies Ward Phillips & Vineberg LLP

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
Author LinkedIn connections

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.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Ontario’s New AI Rules: What Lawyers And Expert Witnesses Need To Know

Ontario's Rules of Civil Procedure now include strict amendments requiring lawyers and expert witnesses to certify the authenticity of every citation and authority used in court materials. These new anti-hallucination provisions impose significant penalties for presenting AI-generated fabricated authorities, fundamentally shifting accountability for artificial intelligence use in litigation.
CanadaLitigation, Mediation & Arbitration
Soloway Wright
Soloway Wright
Article

Plaintiffs Awarded A Total Of $800,000 In Damages For Defamation (Murdy v. Barrette)

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.
CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Key Takeaways From All In 2026: AI Sovereignty, Infrastructure And Canada’s Growing Role

Canada and Germany are making unprecedented investments in AI infrastructure and safety research, while major players like Cohere, OpenAI, and Bell position themselves in a rapidly evolving landscape of technology sovereignty. How will these strategic moves reshape the global AI race and what do they mean for businesses navigating data residency, vendor relationships, and emerging regulatory frameworks?
CanadaStrategy
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
Article

Investment Canada Act - Guide For Foreign Investors In Canada: 2026

Davies' Investment Canada Act guide provides foreign investors with essential information about national security reviews and net benefit assessments when establishing or acquiring Canadian businesses. The comprehensive resource outlines review processes, timing considerations, and regulatory requirements that non-Canadian entities must navigate when investing in Canada.
CanadaGovernment, Public Sector
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
Article

The New Cost Of Environmental Non-Compliance In Québec: $300,000 Per Day

Quebec has dramatically increased minimum environmental fines for designated industrial activities by a factor of ten, with penalties now reaching up to $300,000 per day for contaminant releases. These changes, effective August 13, 2026, apply to nine categories of industrial operations including aluminum smelters, mines, cement plants, and chemical facilities, with fines doubling on first recidivism and tripling thereafter.
CanadaEnvironment
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
Article

From Compliance To The Courtroom: Navigating Canada’s Rapidly Escalating Anti-Money Laundering Enforcement Landscape

Canada's anti-money laundering enforcement regime is undergoing a seismic shift, with FINTRAC issuing record penalties and new legislation increasing penalty caps by up to 40 times. Understanding how to navigate the enforcement pipeline—from examination through Federal Court litigation—is now critical for reporting entities facing unprecedented regulatory scrutiny.
CanadaGovernment, Public Sector
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
Article

Bill C-36: Rewriting The Rules For Canadian Private Sector Privacy

Canada's proposed Privacy and Consumer Data Act introduces sweeping changes to private sector privacy regulation, including a new enforcement body with unprecedented penalty powers, mandatory cross-border transfer assessments, and enhanced protections for children's data. Organizations operating in Canada face a fundamental shift from PIPEDA's principles-based approach to a prescriptive compliance regime with significant financial and legal consequences.
CanadaPrivacy
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP