Smart Devices in Criminal Investigations: How Section 8 of the Canadian Charter of Rights and Freedoms Can Better Protect Privacy in the Search of Technology and Seizure of Information
Abstract
Technology has changed our world, including how crimes are committed and how law enforcement investigate them. Many of our daily activities, criminal or otherwise, leave behind digital data. Vast amounts of specific and accurate information is collected through our intentional uses of technology and our inadvertent interactions with it. This paper examines how section 8 of the Charter is adapting to new technologies through the SCC’s jurisprudence. The current body of section 8 jurisprudence from the SCC has provided neither the desired certainty nor predictability. I point out some specific challenges with section 8 law and propose a new way forward: a spectrum of protection.
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