Search and Seizure Law in Canada

9:00 a.m. Welcome and Introduction

Nader Hasan, Stockwoods LLP, Toronto
Lesley Ruzicka, K.C., Crown Counsel B.C. Prosecution Service, Criminal Appeals and Special Prosecutions, Victoria

9:15 a.m. Racial Profiling and Section 8

Racial profiling is often thought of as a section 9 Charter issue. This panel will instead examine racial profiling through the lens of section 8 of the Charter, revisiting the key lessons learned from the Supreme Court of Canada’s decision in R. v. Le and considering the implications of the Court’s upcoming decisions in Luamba and Singer.

The Hon. Justice Faisal Mirza, Superior Court of Justice (Ontario)
Lauren Wilhelm, Paquette Wilhelm LLP, Hamilton

10:15 a.m. Navigating the Post-Bykovets Case Law

Nearly two years after R. v. Bykovets, 2024 SCC 6, many questions remain. This panel will examine post-Bykovets developments and explore the following issues:

• How will police be able to obtain grounds for authorizations in investigations when the IP address is the first real breadcrumb?
• Is there a bright line rule applicable to the gathering of IP addresses?
• Is Bykovets limited to digital or electronic searches or does it have broader application to territorial and personal privacy interests?
• What are the implications of Bykovets for preventative policing in online spaces?
• Has Bykovets altered the definition of the subject matter of the search?
• Will Bykovets cause courts to revisit apparently settled jurisprudence?

Michael Fawcett, Cybercrime Team Lead, Complex Prosecutions Bureau, Ministry of the Attorney General, Ottawa
Heather Ferg, Barrister, McKay Ferg LLP, Calgary

11:00 a.m. Break

11:15 a.m. Reforming Lawful Access in a Post-Bykovets World

The Bykovets decision has spurred much discussion within the legal community and policymakers as to whether it is time to reform the law on lawful access. In 2025, the government introduced Bill C-2, which includes an ambitious slate of lawful access reforms, but the Bill has stalled in Parliament. This panel will examine potential ideas for law reform as it relates to law enforcement’s ability to access information from third parties without running afoul of section 8 of the Charter.

Katie Doherty, Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General, Toronto

Tony Paisana, Peck & Company, Vancouver

12:15 p.m. Lunch Break

1:00 p.m. Keynote Address

The Hon. Justice Renee M. Pomerance, Ontario Court of Appeal

1:45 p.m. CSIS Warrants, Section 8 and National Security

Section 8 of the Charter is ordinarily litigated in the criminal courts, but the criminal courts are not its exclusive domain. Increasingly, Canada’s national security apparatus, namely, the Canadian Security Intelligence Service is making use of CSIS warrants and non-warranted search techniques. This panel will provide an overview of how section 8 operates in this context.

Matthew Gourlay, Henein Hutchison Robitaille LLP, Toronto
Jeffrey Johnston, General Counsel, National Security Litigation and Advisory Group, Department of Justice Canada, Ottawa

2:45 p.m. Break

3:00 p.m. The Nuts and Bolts of Litigating a Search Warrant

This practical session will address the nuts and bolts of litigating a search warrant, including:

• What questions to ask when challenging and/or defending a search warrant
• Preparation steps
• Advocacy tips.

Stephanie Dickson, Principal, Pender Litigation, Vancouver

Janna Hyman, Senior General Counsel, Public Prosecution Service of Canada, Winnipeg

3:45 p.m. Search Issues Involving Solicitor Client Privilege

Our panelists will discuss solicitor-client privilege issues that may arise during searches, including search of a law office; search of a digital device that may contain texts or emails with a lawyer, or legal documents; and phone calls between defence counsel and client in a wire-tap monitoring context, including consideration of R. v. Fox, 2024 SKCA 26, leave to appeal to the S.C.C. granted (appeal heard May 20, 2025 and judgment reserved).

Kevin Marks, Crown Counsel, Criminal Appeals & Special Prosecutions, B.C. Prosecution Service, Vancouver
Daniel Song, K.C., Counsel, Pringle Law, Barristers, Vancouver
Jason Wakely, Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General, Toronto

4:30 p.m. Program Concludes