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The Canadian Charter of Rights and freedom (Charter of Rights and Freedom,…
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Charter Cases
R. v. Mailhot, 2013 SCC 17
In a brief but meaningful decision rendered March 28, 2013, the Supreme Court of Canada insisted on a new trial for Jean Philippe Mailhot, an accused individual whose right to a fair trial had been compromised by comments of the trial judge during the charge to the jury.
Rather than simply providing an impartial explanation of the law, the judge apparently put forth his own opinions about the evidence and about the defence theory of the case. A defence appeal to the Quebec Court of Appeal had been dismissed.
In an important vindication of the rights to presumption of innocence and trial by jury, the Supreme Court stated that “a new trial is required because of the effect of the trial judge’s charge on the fairness of the trial.”
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R. v. Marakah, 2017 SCC 59
Police officers obtained evidence of Mr. Marakah’s involvement in firearms trafficking, through a warrantless search of an iPhone belonging to Marakah’s accomplice, Winchester.
The trial judge and Court of Appeal held that Marakah had no reasonable expectation of privacy in text messages stored on Winchester’s phone, and therefore lacked standing to challenge the search. The Supreme Court overturned this conclusion, holding that the subject matter of the search was the electronic conversation itself, in which Marakah had a reasonable expectation of privacy.
I disagree with this ruling because if you can be held accountable for what you say in a conversation you should also be able to be held accountable for what you send by text
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