Pubdate: Mon, 15 Dec 2014
Source: Moose Jaw Times-Herald (CN SN)
Copyright: 2014 The Moose Jaw Times-Herald Group Inc.
Contact:  http://www.mjtimes.sk.ca/
Details: http://www.mapinc.org/media/2154

A FINE LINE IN THE SUPREME COURT

As of last week, police can search cellphones without a warrant when
they make an arrest. The Supreme Court of Canada ruled in this
decision in a 4-3 vote with the majority stating that "cellphones are
the bread and butter of the drug trade," according to the Globe and
Mail. Until now, these types of searches included items such as purses
and briefcases.

The cellphone search does, however, have to be "tailored to its
purpose, which will generally mean that only recent emails, texts,
photos and the call log will be available," the Globe and Mail article
said.

The case the court considered was Kevin Fearon, where police searched
his cellphone and it helped them convict him of armed robbery in
Toronto in 2009. Fearon argued the search violated his charter rights.

At first glance, it's easy to think this decision is an invasion of
privacy. People keep a lot of personal data on their cellphones.
Cellphones nowadays have almost become like a computer for many of
us.

It's the place where we store photos, videos, access to our social
media pages and so much more. Even banking and depositing cheques from
our phones are possible from our smartphones now. In a way, this can
be seen as a violation of sorts of our civil rights.

But take a few steps back for a second and look at the facts. Police
can only do this under strict circumstances and only for specific
things without a warrant. They are required to report what they
search, how they get it and what they find.

It is only applicable when police made an arrest under the Criminal
Code. For any other reasons, police are not allowed to search
cellphones without a warrant.

If this is an aspect police can use to help their cases, there are,
potentially, select benefits to be found this ruling. This is, of
course, assuming there is no abuse to this law.

The minute this law is abused - a scenario we don't want to see but
can't rule out - it is a direct violation of our privacy. That's when
it becomes a problem.

However, it's important to remember that this law won't affect most of
us. It could only make a difference for Criminal Code arrests.

Here in Moose Jaw, we are lucky to live in a relatively safe community
because of the efforts of the Moose Jaw Police Service. And as long as
none of us are arrested under the Criminal Code, this law won't change
anything.

Whether it'll serve more of a purpose of solving a crime or violating
privacy, though, remains to be seen.
- ---
MAP posted-by: Matt