Digital Privacy and the Charter: 2024 Year-in-Review
Mar 7, 2025
In 2024, the Supreme Court of Canada decided three cases related to digital privacy rights under the Charter. While there was a general trend toward broader protections for digital privacy rights, the Court was strongly divided on several key issues. Digital privacy continues to be a contentious issue, making it difficult to predict how the area will evolve in the years to come.
In Bykovets, a 5-4 majority of the Court ruled that police need a warrant to request an IP address from a third party. In Campbell, the Court issued four different sets of reasons dealing with a police search of text messages. All nine judges purported to take a normative, content-neutral approach to their privacy analysis, but they ultimately reached different conclusions. And in York Region District Schoolboard, the Supreme Court offered obiter guidance on search and seizure in administrative contexts, providing an insight into one of the digital privacy issues which will continue to be litigated in the future.
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