CRM 2300 Lecture Notes - Lecture 10: Actus Reus, Mens Rea, Ant-Zen
9 Dec 2015
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Canadian charter of rights and freedoms: mechanisms provided under s. 24 in violation of a right, s. 10b right to counsel, s. 11 right to be protected against unnecessary search and seizure. Charged with production and possession of marijuana and theft of electricity. The warrant did not specifically authorize the search of computers and should have explicitly authorized the search of the computers. The court of appeal of alberta found there was no violation of section 8 in the search of the computers. A separate warrant would be necessary to search data. Employees have a reasonable expectation of privacy on their workplace computer. Allowed to use it for personal use as well as work purposes. When a technician was doing maintenance, he found a secret file of nude photos of an underage girl. Police made a mirror copy of the hard drive without a warrant and charged him with being in possession of child pornography.
