Overview
Many people share computers, either within their home or at
work. What control do they have over these computers, which they
may not even own? Do they still have a privacy interest in the
computer contents? The Supreme Court of Canada tackled this
important question in its recent R. v Reeves decision,
basically affirming the strong privacy interest of a person in his
or her own computer contents, even though the computer may be used
by several people and physical access is through space shared with
other individuals.
Facts
Reeves, the accused, shared a home and a computer with his
spouse. However, his spouse obtained a no-contact order against him
following charges of domestic assault. When contacting the police
to withdraw her consent for him entering the home, she reported she
believed she had found child pornography on the home computer. A
police officer subsequently visited the home without a warrant and
obtained her written permission to carry away
