Application for bail pending appeal. Accused convicted of trafficking approximately 1 kilogram of cocaine. Charter issue at trial related to an application to exclude text messages exchanged between the accused and a cell phone that had been seized by police.
Held: Bail denied.
Bail denied on the basis of public safety. Charter issue on appeal found not to be frivolous. Issue related to the expectation of privacy that attaches to the sending of text messages, and whether or not the police conduct amounted to the interception of private communications as defined in Part VI of the Criminal Code. “The applicant argued that the appellate courts in British Columbia and Ontario have reached opposite conclusions about these privacy interests, and the matter has been litigated but not yet decided in the reserved decision of R v Marakah (SCC Case No 37118)”.
J. Allingham – Defence Counsel