Conviction appeal on multiple charges including internet luring. Accused’s Internet Service Provider (ISP) complied with a police request to provide the accused’s name and address, which was then used in support of a warrant application. Issue regarding alleged s. 8 breach.
Held: Appeal dismissed.
Trial judge’s decision was released prior to Spencer 2014 SCC 43. However, adequate grounds existed without the ISP information to obtain a warrant. Further, in Spencer, the 24(2) analysis favoured the Crown. “Had the impugned information been necessary to obtain the warrant in this case, a proper analysis of s. 24(2) would have come to the same result, particularly since neither the police nor the trial judge had the benefit of the Spencer decision and to that point the law did not require judicial authorization to access that information.”
S. Beaver, A. Seaman, Defence Counsel