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

This thesis examines the jurisprudence from the Supreme Court of Canada (SCC) on informational privacy under section 8 of the Canadian Charter of Rights and Freedoms as it relates to searches of technology in the context of criminal investigations. The development and use of technology in criminal investigations will be detailed along with an overview of the current state of the law in this area. Challenges with the interpretation of section 8 demonstrate a prevalent uncertainty. This thesis proposes a new approach for the SCC to apply to cases where technology intersects with section 8 of the Charter. The proposal rests on a clearer and broader understanding of privacy along with measurable categories for more predictable outcomes.