Supreme Court of Canada releases landmark decision on undercover investigations

On April 18, 2019, the Supreme Court of Canada released its judgment in R v Mills. In a plurality opinion, Justice Brown held that s. 8 of the Charter does not require undercover officers to get judicial authorization before posing as a child and texting with suspects online. The applicability of s. 8 of the Charter beyond this narrow context remains unclear. In a concurring opinion, Justice Karakatsanis held that s. 8 of the Charter is never engaged when an undercover police officer exchanges text messages with a suspect, but that opinion did not command a majority (or even a plurality) of the Court.

Our partner, Gerald Chan, represented the Criminal Lawyers’ Association in this appeal. He shared his thoughts on the Court’s decision with the Lawyer’s Daily.

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Frank Marrocco

Paul Le Vay

Brian Gover

Luisa Ritacca

Brendan van Niejenhuis

Samuel M. Robinson

Andrea Gonsalves

Gerald Chan

Nader R. Hasan

Edward (Ted) Marrocco

Justin Safayeni

Fredrick Schumann

Carlo Di Carlo

Stephen Aylward

Ryann Atkins

Dan Goudge

Karen Bernofsky

Spencer Bass

Alexandra Heine

Yadesha Satheaswaran

Olivia Eng

Ephry Mudryk