R. v. Jones, 2017 SCC 60

Fasken helped establish new law in Canada when it comes to the expectation of privacy for electronic text message communication. Fasken counsel, Patrick McCann, argued successfully before the Supreme Court of Canada that the privacy interests in text messages resides in the content of the communication and not where it is taken from. Representing Tristin Jones in R v. Jones, Patrick, assisted by Fasken partner Peter Mantas and Ewan Lyttle of Lyttle McGarry and Del Greco LLP, was able to establish that everyone has an inherent privacy interest in their own text messages. The Court agreed that electronic text message communication provides the sender with standing to challenge the seizure under the Charter. In this digital age, and as we all become dependent on our mobile phones, these matters will occur more frequently.