R v Marakah

Document Type

Response or Comment

Publication Date



Charter, Unreasonable Search and Seizure, Reasonable Expectation of Privacy


The question of whether a person retains a reasonable expectation of privacy in text messages which have been sent to another person's electronic device will need to be determined by the Supreme Court of Canada. In R. v. Pelucco (2015), 22 C.R. (7th) 370 (B.C. C.A.) the British Columbia Court of Appeal, by a 2-1 margin held that a person did have such a reasonable expectation of privacy: in Marakah, the Ontario Court of Appeal splits 2-1 in the opposite direction. Further, the majority in Ontario specifically agree with the dissent in British Columbia, while the dissent in Ontario agrees with the majority from British Columbia.