Archive for September 22nd, 2014

September 22, 2014 Criminal, Informational, News
September 22, 2014
 Criminal, Informational, News

R. v. Morelli, 2010 SCC 8

It is difficult to imagine a search more intrusive, extensive, or invasive of one’s privacy than the search and seizure of a personal computer. The Canadian Charter of Rights and Freedoms states: “Everyone has the right to be secure against unreasonable search or seizure.” This right has been commented on in many cases in all levels of Court from the Provincial Court of Ontario to the Supreme Court of Canada. One case which considered what privacy rights individuals enjoy in the content of a personal computer was R. v. Morelli. Mr. Morelli was charged with possession of child pornography and tried before the Superior Court of Ontario. At trial, his lawyers applied to exclude evidence which had been found on Mr. Morelli’s computer pursuant to a search warrant. The search warrant was based on the evidence of a technician who said that he made observations in Mr. Morelli’s home which […]

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September 22, 2014 Criminal, Informational
September 22, 2014
 Criminal, Informational

Exclusion of Evidence

When investigating crime, police officers are required to seek out evidence in support of their case. This is done in many ways including forensic evidence, eliciting confessions, and collecting witness statements. The Canadian Charter of Rights and Freedoms acts as a “check” on police conduct, ensuring that police investigations are conducted in a way that values all Canadians’ rights. The most commonly known right often infringed upon by police is the right to be free from unreasonable search and seizure, however, there are other equally important rights which must be protected including the right to silence, the right to be informed of reasons if detained, and the right to counsel. Where one of the rights protected by the Charter is violated (sometimes referred to as “infringed”) the accused can apply to exclude the evidence from his trial. The section of the Charter which applies to exclusion is 24: “(1) Anyone […]

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