- 37 A
B
A
certain extent” the information stored in the computer can be treated as a
B
separate place.
C
D
C
90.
This cannot be regarded as an authority to support a general
D
proposition that all the information contained in a mobile phone
E
F
(comparable to a computer) should be treated as contained at a separate
place from the mobile phone itself.
Without more, it provides no
E
F
support to the contentions that, for the purposes of section 50(6), the
G
H
digital information of a mobile phone seized at the place of arrest should
be treated as at a separate place.
I
91.
J
Further, it also cannot be said it must be the case that all the
digital information one can access through a mobile phone is not stored in
G
H
I
J
it. Of course, one can understand that there could be information say
K
K
saved in a remote server that could be accessed through the phone. But
L
there could also be some information that can be regarded as having been
L
saved and stored in the phone’s memory chip itself. In other words, as
M
M
observed by Karakatsanis J in Fearon at paragraphs 127 - 131, the phone
N
O
P
Q
R
S
T
itself could store and keep the private information, and also act as a
“portal” to information and data saved and stored in a remote server:
“[127] However, a cell phone cannot be treated like any other
piece of physical evidence that may be found on an arrestee and
searched incident to arrest. The analogy to a ‘briefcase’ is not
apt. in R. v. Vu, 2013 SCC 60, [2013] 3 S.C.R. 657, at
paras. 38 and 47, this Court recognized that a computer or cell
phone is fundamentally unlike a conventional ‘receptacl[e]’.
the four reasons Cromwell J. identified in that case are equally
applicable here.
[128] First, computers and cell phones store immense
amounts of information, some of which will be highly private
in nature (Vu, at para. 41). In the case of a cell phone, this
will include private communications in the form of texts and
N
O
P
Q
R
S
T
U
U
V
V
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