EVIDENCE - Admissibility - Private communications - Unlawful or unreasonable interceptions

Law360 Canada (November 23, 2023, 7:05 AM EST) -- Application by Ilmi in his sexual assault trial to exclude audio recording surreptitiously made by complainant and text messages between them. The complainant contacted Ilmi to discuss certain events that occurred in March 2018. She told him via text message that she believed she may have had sexual intercourse with Ilmi and another man without her consent. The complainant later recorded a conversation she had with Ilmi concerning his recollection of those events. The complainant provided police with a copy of the text messages and the audio recording after giving a sworn statement. Ilmi claimed a privacy interest in the text messages and stated that the police should have obtained a search warrant before looking. He also argued that the complainant was a state actor when she recorded him without his permission, thereby violating his right to be free from unreasonable search and seizure and to remain silent. Ilmi claimed seizure of the taped phone conversation lacked any reasonable pretext of lawful authority....
LexisNexis® Research Solutions

Related Sections