It is noteworthy that Karatkatsanis J. also expressed concern about the impact of the majority’s decision, in light of what Mr. Justice Dickson stated in Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, that the purpose of s. 8 of the Charter was to protect people from unjustified intrusions into their privacy before they occurred, rather than finding unwarranted intrusions after the fact. She expressed concern that officers who believed they possessed sufficient grounds to conduct the search of the device incident to an arrest, subsequently resulting in a determination by the court that they did not. While the evidence may be excluded, the person’s sense of privacy and dignity was unnecessarily interfered with, causing harm to that person and to reasonable people’s confidence in the justice system.
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