The Canadian Supreme Court rules that specific authorisation needed to search computers and mobile phones (Vu)

Introduction The Supreme Court of Canada (“court”) ruled on 7 November 2013 in R v Vu that specific warrant authorisation is needed to execute searches of computers and mobile phones. [1] While the decision concerned alleged offences related to the production and possession of marijuana, it most likely also applies to searches pursuant to the Competition Act (“Act”). [2] Background Police in the province of British Columbia obtained a warrant to search a residence for evidence of the theft of electricity. The warrant did not specifically refer to the search of computers. Investigators nevertheless searched two computers and a mobile phone and found evidence that the appellant was the occupant of the residence. He was charged with several criminal offences. The appellant claimed at

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  • Commonwealth Secretariat (London)

Quotation

Gavin Murphy, The Canadian Supreme Court rules that specific authorisation needed to search computers and mobile phones (Vu), 7 November 2013, e-Competitions November 2013, Art. N° 62303

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