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

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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A medical worker prepares vials of the COVID-19 vaccines, Chinese Sinopharm, left, Sputnik V, center, and Pfizer at a vaccine centre, in the Usce shopping mall in Belgrade, Serbia, Thursday, May 6, 2021. Serbian authorities are looking for incentives for people to boost vaccination that has slowed down in recent weeks amid widespread anti-vaccination and conspiracy theories in the Balkan nation. The government has also promised a payment of around 25 euros to everyone who gets vaccinated by the end of May. (AP Photo/Darko Vojinovic)
38 new COVID-19 cases, more than 335k vaccines administered in Interior Health

Interior Health also to start targeted vaccinations in high transmission neighbourhoods

FILE PHOTO
Second doses of COVID-19 vaccine will be available, as AstraZeneca supply runs low: Interior Health

Province expecting large volumes of Pfizer BioNTech as age-based cohort immunization program ramps up

Greg Nesteroff and Eric Brighton, the historians behind popular Facebook page Lost Kootenays, are set to release a book of the same name and have just unveiled its cover showing the ghostly Hotel in Slocan City shortly before its 1953 demolition. Photo courtesy of Greg Nesteroff and Eric Brighton.
Popular historical Facebook page Lost Kootenays set to release book

128-page hard copy documenting history of East and West Kootenays coming this fall

The Playbox installed at Rotary Park is a Healthy Kimberley initiative. Bulletin file.
Healthy Kimberley seeks board members

Healthy Kimberley, a community based organization that creates opportunities for increased physical… Continue reading

Craig Jansen is Kimberley’s newest Rotary Online Bingo winner. Photo submitted
Another Kimberley winner in online Rotary bingo

With not a lot to do as we all shelter at home… Continue reading

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

A map showing where the most number of cases were recorded from April 23 to 29. This map, revealing a breakdown of infections by neighborhood, was pulled from a data package leaked to the Vancouver Sun last week (and independently verified).
36 Abbotsford schools flagged for COVID-19 exposures in the last 2 weeks, shattering record

Clearbrook Elementary recorded an ‘exposure’ on all 11 school days

Canada’s chief public health officer is reminding Canadians even those who are fully vaccinated are not immune from transmitting the COVID-19. THE CANADIAN PRESS/Adrian Wyld
Canada’s top doctor warns full vaccination does not equal full protection from COVID-19

Post-inoculation, Theresa Tam says the risk of asymptomatic infection and transmission is far lower but not obsolete

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

The dash cam footage, taken May 7 at 8:18 a.m. belonged to the driver of a southbound vehicle that recently travelled out of the tunnel. (Reddit/Screen grab)
VIDEO: Dash cam captures dramatic rollover crash on Highway 99

Only one person sustained injuries from the collision, says B.C. Ambulance Services

Chevy stranded on a ledge above a rocky canyon at Mimi Falls near Logan Lake, April 28, 2021. (Photo credit: Margot Wikjord)
Police officer and fire chief team up in risky rescue of stranded dog near Logan Lake

Chevy, a rescue dog, needed rescuing again after getting stuck on a ledge above rocky canyon

Police were on the scene of a fatal shooting in Abbotsford. (Black Press Media files)
B.C. government to give more than $8 million for programs to curb gang violence

221 not-for-profit projects led by local governments and school districts among others will receive a one-time grant

Gord Judson steers his log truck down a forest service road, using two-way radio and call signals to mark his position for oncoming traffic. (B.C. Forest Safety Council)
Planning some B.C. wilderness fishing? Don’t catch a log truck

Remote recreation areas bracing for heavy pandemic pressure

Most Read