R. v K., 2018 Edmonton Provincial Court – Arson Case Withdrawn Due To Improper Use of Tracking Device


Accused charged with arson. Police had installed GPS tracking device on the accused’s vehicle in relation to a separate investigation. The tracking device placed the accused’s vehicle at the scene of the arson at the time of the offence. The tracking warrant authorized tracking of the accused’s vehicle specifically in relation to the separate investigation. Defence filed Charter violation notice alleging that police exceeded the authorization of the tracking warrant, in violation of accused’s right to be free from unreasonable search and seizure.

Held: Prosecution, upon receipt of defence notice, consented to accused’s release from custody pending trial, and elected to withdraw all charges against the accused on trial date.