Thursday, November 20, 2014

Privacy rights continue even in information or items lawfully seized by the State

Wakeling v. United States of America, 2014 SCC 72:

[39]                          The highly intrusive nature of electronic surveillance and the statutory limits on the disclosure of its fruits suggest a heightened reasonable expectation of privacy in the wiretap context. Once a lawful interception has taken place and the intercepted communications are in the possession of law enforcement, that expectation is diminished but not extinguished. This heightened and continuing expectation of privacy in the wiretap context is further indication that s. 8  ought to apply to disclosures under Part VI.

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