In this Case Alert, Professor Sankoff examines the Ontario Superior Court decision, R v JK, 2021 ONSC 7604. This case considers the application of section 278.92 in jurisdictions where it has passed constitutional muster. It adds some wrinkles to the reasonable expectation of privacy analysis in electronic records.

Please be advised that this Case Alert is less important since the release of the Supreme Court’s decision in R v JJ.