E77| A collision, an EDR extraction & privacy. Did a warrantless vehicle seizure permit a crash data download?
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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Attard, 2024 ONCA 616 where police — investigating a serious motor vehicle collision — seized the accused’s car, removed its event data recorder (EDR) and extracted the data, all without judicial authorization or consent. Was this warrantless conduct lawful? Could the data be used in court at the accused’s trial on a charge of dangerous driving causing bodily harm? The trial judge didn’t think so. Listen to find out what the Ontario Court of Appeal had to say when it weighed in on the matter.
Trial court Charter ruling
Trial court acquittal
R. v. Fedan, 2016 BCCA 26
R. v. Major, 2022 SKCA 80
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