Law360 Canada ( November 2, 2018, 7:49 AM EDT) -- Application by the Crown for a pre-trial ruling on whether the Crown could use in evidence forensic analysis of the contents of a smartphone seized from the accused at the time of his arrest. The accused was charged with possession of cocaine for the purpose of trafficking. The police obtained a warrant to search the phone seized from the accused for messages related to the offence. A forensic analysis of the phone’s contents was provided as per the search warrant. Because of images of correspondence between the accused and a legal aid lawyer, the officer stopped looking at the CD and sealed it, advised the defence and the Crown brought a motion for determination of the issue of solicitor-client privilege. The images were reviewed and appeared to be about an unrelated family law matter. The Crown wanted the defence to review the affidavit respecting the week of text messages and report back to the court about any privilege claims. The defence argued it should not be required to participate in the prosecution of the accused, and the Crown had to either return all materials or make a Lavallee application....