Court Declines to Compel Accused to Provide Smartphone Password

Overview

In declining to issue an assistance order compelling an accused to provide the password to his smartphone, Justice Downes’ decision in R v. Shergill , 2019 ONCJ 54 establishes that, at least in some cases, compelling the production of a password for the purposes of building a case against an individual violates the right against self incrimination.

R v. Shergill is another step in the unique search and seizure dynamics involved in the acquisition of evidence from cell phones. Password-protected smart phones in particular present unique challenges to the police and to privacy law as it has developed under the bricks-and-mortar world of the Charter in the last ten years.

Read More