R v King
Response or Comment
Charter, Unreasonable Search and Seizure, Evidence, Confessions, Voluntariness
The conclusion that there was a section 8 violation in this case will likely cause some to wonder whether it amounts to saying that an individual cannot effectively report to the police evidence of a crime that they have found. Although that possibility has not been ruled out, the approach here does appear to limit a civic-minded individual, in cases such as this, to the arguably less persuasive "I saw child pornography on that device" rather than being able to say "here is the child pornography from that device". Whether that is the right approach is a complex question, and one that courts will continue to struggle with until definitive guidance comes from the Court.
Stephen Coughlan, "R v King", Case Comment, (2020) 58 CR (7th) 168.