Canada Dashboard Digest

Expectation of Privacy Case Goes to Supreme Court

EMPLOYEE PRIVACY

January 27, 2012

The Supreme Court will hear a case involving a teacher whose computer contained explicit images of an underaged student, Employment Law Today reports. The Ontario Court of Justice found that the teacher's laptop should be discounted as evidence because police did not obtain a warrant--infringing on the teacher's expectation of privacy--prior to searching the computer. Subsequently, the Ontario Superior Court overturned the decision, only to have the Court of Appeal reverse the findings. The Court of Appeal found that authorities compromised the teacher's privacy by searching the browsing history on the computer without a warrant, but the court also found the images themselves were acceptable as evidence because they were found by a technician performing routine maintenance. The Supreme Court is expected to issue a decision by 2013.
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