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ARTICLE · 18 FEBRUARY 2013

A Charter Right To Search Google?

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The Internet has transformed society in so many ways, and the legal systems need to adapt to this new reality.

CanadaMedia, Telecoms, IT, Entertainment
J. Sébastien Gittens
J. Sébastien Gittens
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The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new reality.

In R. v. McKay, 2013 ABPC 13 (CanLII) the Alberta Provincial Court had the occasion to consider these issues in the context of a charge under the Criminal Code. The accused had been pulled over, a breathalyzer was applied and then he was taken to the police station. At the police station he was given a toll-free number, to the Yellow Pages and the 411 service.

The accused made a toll-free call but was not satisfied with it and did not realize he still had a right to counsel. After further testing was done on the accused he was charged under s. 253(1)(a) and 253(1)(b) of the Criminal Code.

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