Sophisticated software could, until recently, be utilized by law enforcement to crack a device’s password. Compared to the United States, however, Canada’s protections against self-incrimination are weak and, in any event, largely inapplicable in the context of unlocking electronic devices. RelatedThose protections against testimonial self-incrimination are moot in terms of a suspect being compelled to reveal a device’s password. Despite the claims of unconstitutionality such a request may trigger, “self-conscriptive” evidence has been upheld by the Supreme Court. Indeed, the Supreme Court has recognized the significant privacy interest that exists in portable electronic devices.

Source: National Post August 23, 2016 18:33 UTC