Search and Seizure Law in Canada 2024

Dominique Shoofey 
Avocat Attorney (Montreal)

Sarah F. Egan
Senior Counsel, Public Prosecution Service of Canada (Toronto)

Private home security cameras, well‑signed common space CCTV, investigation specific surveillance of publicly exposed places – is there ever a s. 8 expectation of privacy in such video records? This panel looks at whether, when and how police can obtain the fruits of such video surveillance.

Stephen Aylward
Stockwoods LLP (Toronto)

The Honourable Justice Mabel Lai
Ontario Court of Justice

Muharem Kianieff
Professor, University of Windsor Faculty of Law

• How does the blockchain work and why is it of interest to law enforcement?
• How does law enforcement “search” the blockchain?
• Is the concept of “privacy” sufficiently robust to protect against unreasonable searches and seizures of the blockchain?

The Honourable Justice Faisal Mirza
Ontario Superior Court of Justice

Maya Shukairy
Shukairy Law (Montreal and Ottawa)

Sunil Gurmukh
Assistant Professor and Assistant Dean, Equity, Diversity, Inclusion and Decolonization, Western Law

• How does the police practice of “carding” or “street checks” interact with s. 8 of the Charter?
• What are police permitted to do under current legislation?
• How do regional and local practices on “police checks” differ?

12:00 p.m.
Break

The Honourable Sheilah L. Martin
Justice of the Supreme Court of Canada

Carla MacPhail, K.C.
Crown Counsel, Alberta, Crown Prosecution Service (Calgary)

Jeremy Tatum
Crown Law Office‑Criminal, Ministry of the Attorney General (Toronto)

Bryan Badali
Brauti Thorning LLP (Toronto)

Investigative genetic genealogy is increasingly being used as an investigative technique. Its use may raise issues about castoff DNA, DNA “ruses”, the use of open source databases, and/or admissibility pursuant to ss. 7 and 8 of the Charter. Our speakers will discuss recent jurisprudence, debate the evolving issues, and discuss practical tips for litigating this type of evidence at trial.

Glen Crisp
Assistant Crown Attorney, Ministry of the Attorney General (Toronto)

Stephanie DiGiuseppe
Henein Hutchison LLP (Toronto)

The Honourable David Porter
Ontario Court of Justice

Is social media ever private? Is reading a private posting a search? Is it an interception? Can police conduct ‘undercover’ investigations on social media platforms? This panel looks at when privacy may trump a technology ostensibly designed to share information widely.

Lesley Ruzicka, K.C.
Crown Counsel, B.C. Prosecution Service, Criminal Appeals and Special Prosecutions (Victoria)

Tony C. Paisana
Peck & Company (Vancouver)

The Supreme Court of Canada’s decision in R. v. Haevischer, 2023 SCC 11 significantly altered the test for summary dismissal of Charter applications. Is this the end of summary dismissal or is there still scope for these types of applications? Our panelists will debate.

Robert J. Currie, K.C.
Professor of Law; Distinguished Research Professor, Schulich School of Law, Law & Technology Institute (Halifax)

David Fraser
McInnes Cooper (Halifax)

The ongoing ‘internationalization’ of electronic record‑keeping continues to present challenges. This panel looks at whether, when and how the state can access information stored on foreign technological platforms.