CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure

Law360 Canada (February 17, 2023, 1:40 PM EST) -- Appeal by Cpl. McGregor (M) from an order of the Court Martial Appeal Court affirming his conviction for voyeurism, possession of a device for surreptitious interception of private communications, sexual assault, and disgraceful conduct. M was a member of the Canadian Armed Forces posted to the Canadian Embassy in Washington, D.C. and resided in Alexandria, Virginia. Another member discovered audio recording devices in her residence. The Canadian Forces National Investigation Service (CFNIS) found grounds to believe M committed voyeurism and possession of a device for surreptitious interception. It sought assistance from Virginia police, and a warrant was obtained to search M’s residence. Evidence of unforeseen offences was discovered in electronic devices. M was arrested. He brought a motion arguing the search and seizure contravened s. 8 of the Canadian Charter of Rights and Freedoms (Charter). M was convicted. The Appeal Court found the Charter did not apply, and if it did, it did not infringe M’s rights....
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