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Decision narrows definition of Facebook privacy

Wednesday, August 15, 2018 @ 9:20 AM | By Mark Hayes and Adam Jacobs

As communication technologies progress, courts have had to grapple with whether individuals have a reasonable expectation of privacy in the conversation occurring through an electronic medium. This conclusion is relevant to criminal law as it impacts whether a search of an electronic conversation without a warrant violates an accused’s rights guarantees against unreasonable search and seizure pursuant to the Canadian Charter of Rights and Freedoms. And, as often happens, conclusions made in the criminal law context may impact the manner in which reasonable expectation of privacy...