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