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ARTICLE · 15 APRIL 2009

No Privacy In Trash, Supreme Court Holds

This Supreme Court of Canada ruling, which arose in the context of a criminal drug prosecution, underscores the importance of careful disposal of documents containing confidential information or other information that could potentially be embarrassing or damaging to your company's interests.

CanadaLitigation, Mediation & Arbitration

Even when it's sitting on your property awaiting collection, garbage - and the private information it contains - may be vulnerable to police and public scrutiny

R. v. Patrick
Supreme Court of Canada, 2009 SCC 17 (April 9, 2009)


This Supreme Court of Canada ruling, which arose in the context of a criminal drug prosecution, underscores the importance of careful disposal of documents containing confidential information or other information that could potentially be embarrassing or damaging to your company's interests. The essence of the Court's ruling is that waste left for disposal "at the curb" - and the information it contains - is fair game for police search and seizure, and arguably for perusal by reporters or members of the general public as well. Even where trash is left for pick up on your own private property, it can be vulnerable if it can easily be reached from public property. The lesson is never to dispose of sensitive material by leaving it for

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