This week at the SCC

This week, the Supreme Court of Canada will be hearing a single appeal that had been postponed. Fearon will determine whether cellphone information accessed by police during an arrest constitutes unlawful seizure.

May 23 — Ontario — Fearon v. R.

Charter of Rights and Freedoms: Kevin Fearon was arrested for armed robbery. During the arrest, a police officer seized his cellphone and accessed incriminating information on the device, including a text message and a photo of a gun and cash. En route to the police station, Fearon requested counsel, but was brought to an interview room for five hours before being advised, again, of his right to counsel. Before counsel could arrive, the appellant had made incriminating statements. The SCC will review whether the accessing of phone records was unlawful and whether the appellant’s right to counsel was violated.

Read the Ontario Court of Appeal’s decision

Related news stories:
OK for police to search cellphone if no password, says court, CBC

Supreme Court will hear case of police accessing unlocked cellphone, Toronto Star

Free newsletter

The Canadian Legal Newswire is a FREE weekly newsletter that keeps you up to date on news and analysis about the Canadian legal scene. A separate InHouse Edition is delivered every two weeks, providing targeted news and information of interest to in-house counsel.

Please complete the form below to receive the weekly Canadian Legal Newswire and/or the Canadian Inhouse Legal Newswire.

Recent articles & video

Brexit is not the top focus for UK law firms

Baker McKenzie makes strategic investment in LatAM practice

Dentons intends 5-way Africa expansion

Legal profession stress isn’t just about lawyers

Val Napoleon: co-founder of the world’s first Indigenous law degree program

Elections Canada’s third-party advertising controversy ignores regulatory discretion, says lawyer

Most Read Articles

Is McDonald’s a better career choice than law school?

What the pro-SOP group has missed about equality

Val Napoleon: co-founder of the world’s first Indigenous law degree program

Indigenous law forces lawyers to consider new standards of legitimacy