Digital Privacy in Emerging Contexts: Lessons from the SCC's Evolving Section 8 Jurisprudence.

Abstract

This paper explores the Supreme Court of Canada's increasingly nuanced privacy jurisprudence through the context of R v Reeves, 2018 SCC 56, a decision cementing constitutional privacy protections in shared devices. The implications of approach adopted in R v Reeves for a number of upcoming privacy decisions are examined, ultimately touching on undercover police operations, Canada's voyeurism offence and the privacy protections an invited visitor can expect when law enforcement unlawfully enter his host's backyard.