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

Port Alberni’s Arrowview Hotel will be demolished

City council chooses lowest of three demolition bids

VIDEO: Man found dead near Alberni teens’ truck could be linked to a double homicide

RCMP said they are looking for Kam McLeod, 19, and Bryer Schmegelsky, 18

Soapbox derby a success in uptown Port Alberni

Organizers say an adult racing category is coming for 2020

Alberni teens missing after vehicle found ablaze near Dease Lake, BC

Two Port Alberni teens are missing after their vehicle was found on… Continue reading

Watch the museum come to life with Our Town in Port Alberni

July 23 event takes place at Gyro Recreation Park

VIDEO: Young couple found dead in northern B.C. had been shot, police say

Chynna Noelle Deese of the U.S. and Lucas Robertson Fowler of Australia were found along Highway 97

Family of missing B.C. senior with dementia frustrated with situation, heartened by community support

Nine days since Grace was last seen the question remains: ‘How can an 86-year-old just disappear?’

Okanagan Air Cadet challenges gender-exclusive haircut policy

Haircut regulation inspires challenge around gender identity

Latest plan is to fly trapped fish by helicopter over Big Bar slide

Multi-pronged plan set in motion to freesalmon blocked by landslide in the Fraser River

Police ask for help locating missing men last seen in South Surrey

Jeep that Richard Scurr and Ryan Provencher were in has been located unoccupied in Logan Lake: RCMP

Islanders have new cancer screening option with $6.5 M diagnostic suite in Victoria

The Gordon Heys Family PET/CT Suite was unveiled at the BC Cancer Centre-Victoria

Unsealed record suggests U.S. man convicted of murdering Vancouver Island couple left DNA on zip tie in 1987

William Talbott is set to be sentenced Wednesday in the murders of Jay Cook and Tanya Van Cuylenborg

B.C. Ferries crew member’s medical emergency causes cancellations on Nanaimo route

One sailing from West Vancouver and one sailing from Nanaimo cancelled Monday

VIDEO: Bystander training gains traction as tool to prevent sexual harassment, violence

Julia Gartley was sexually assaulted after an event, and no one stepped in to help

Most Read