Law360 Canada ( August 24, 2026, 9:40 AM EDT) -- Appeal by the appellant from convictions for two counts of sexual assault and one count of assault with choking. The only issues on appeal related to the trial judge’s ruling dismissing the appellant’s application under ss. 7 and 8 of the Canadian Charter of Rights and Freedoms (Charter) to exclude two recordings secretly made by the complainant of conversations with the appellant using the voice memo app on her cellphone. The complainant made the recordings before reporting the allegations to police. After reporting the allegations and participating in police interviews, she told police the recordings contained statements by the appellant about the offences and voluntarily uploaded copies to an evidence preservation website. Police did not obtain a warrant before receiving or listening to the recordings. The appellant argued that, although police were entitled to receive the recordings without a warrant, s. 8 of the Charter required them to obtain a warrant before listening to the conversations. In the alternative, he argued that the complainant was a state agent when she made the recordings because her purpose was to obtain evidence....