Undercover cops don’t need warrant to email, text suspected child lurers: court

High court decision came Thursday in the case of Sean Patrick Mills of Newfoundland

Undercover police officers do not need to obtain a judicial warrant before using email or instant-message services to communicate with someone suspected of child luring, the Supreme Court of Canada has ruled.

The high court decision came Thursday in the case of Sean Patrick Mills, a Newfoundland man convicted of internet luring after a police officer posed online as a 14-year-old girl named “Leann.”

The constable created an email account and Facebook page for the fictitious girl in 2012 to see if people online were preying on underage children.

The officer received a Facebook message from Mills, who was 32, leading to an exchange of emails that turned sexual.

Police used a screen-shot program to capture and record copies of the communications, but they did not have a court-approved warrant.

Mills was arrested in a St. John’s park where he had arranged to meet the girl.

READ MORE: No jail time for B.C. man busted in Creep Catchers sex sting

Mills argued at trial that police violated his Charter of Rights and Freedoms guarantee against unreasonable search or seizure and that officers should have obtained a warrant for their investigation.

The trial judge said Mills’ rights had been violated, but still allowed the screen captures into evidence and found him guilty. An appeal court ruled the police did not need judicial approval for their operation and upheld the conviction, prompting Mills’ appeal to the Supreme Court.

All seven Supreme Court judges who heard the case concluded Mills should be found guilty. A majority said that adults cannot reasonably expect privacy online with children they do not know.

In reasons adopted by the majority, Justice Russell Brown wrote that in most cases police are unlikely to know in advance of any potential privacy breach — for example, whether the child is truly a stranger to the adult.

“Here, the police were using an investigative technique allowing it to know from the outset that the adult was conversing with a child who was a stranger.”

Justice Sheilah Martin, however, said police should have obtained a court’s permission for the operation.

She argued the nature of the relationship — an adult communicating online with a child they do not know — was irrelevant to weighing privacy rights.

“Casting suspicion on an entire category of human relationship not only stigmatizes that relationship — it exposes meaningful and socially valuable communication to unregulated state electronic surveillance.”

Brown was careful to note the particular circumstances of the case and stressed that the court was not suggesting police could simply monitor communications in the hope of stumbling upon a conversation that reveals criminality.

“With respect, the alias-based sting operation employed here is not some first step to a dystopian world of mass unregulated surveillance.”

Jim Bronskill , The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Woman collapses at Eagle Creek Fair Grounds

A woman was taken to the Lakes District Hospital after she collapsed… Continue reading

First Nations given max compensation for Ottawa’s child-welfare discrimination

2016 ruling said feds didn’t give same funding for on-reserve kids as was given to off-reserve kids

Power restored to 120,000 customers after northern B.C. transmission failure

Lightning is suspected to be the cause of the outage, says BC Hydro

Rattée visits Burns Lake

Claire Rattée, Conservative Party of Canada candidate for Skeena-Bulkley Valley, accompanied by… Continue reading

Construction of water treatment plant begins

Ground work started on Sept. 4 as part of the construction of… Continue reading

VIDEO: Liberals make child care pledge, Greens unveil platform on Day 6 of campaign

Green party leader Elizabeth May unveils her party’s platform in Toronto

Surrey mom allegedly paid $400,000 for son in U.S. college bribery scam

Xiaoning Sui, 48, was arrested in Spain on Monday night

Nanaimo RCMP officer ‘walks on water’ to rescue lost camper

66-year-old assisted earlier this month by Mounties who can seemingly work miracles

Winnipeg student, killed in bus crash, remembered as passionate, kind

University of Victoria student Emma Machado, 18, was killed in the bus crash near Bamfield on Friday

Boy overdosed on illicit anti-anxiety drug found on Kelowna classroom floor, RCMP say

Noah Mills, 8, ingested a pink powdery substance off his Kelowna classroom floor

Fewer trees, higher costs blamed for devastating downturn in B.C. forestry

Largest driving factor is the province’s complex stumpage system that results in high fees, expert says

20 day search for missing Labradoodle in Princeton, B.C. ends with tears of joy

The search brought out bloodhounds, and groups hoping to find Mordy

Canucks sign Brock Boeser to three-year, US$17.6-million deal

Young sniper will be in Vancouver Tuesday

Most Read