In R v. Duarte (1990), the court held that secret electronic surveillance by the state violates Section 8 of the Charter. The court’s summary of that decision states, “The regulation of electronic surveillance is not directed at protecting a person from the risk that someone will repeat his words but from the much more insidious danger inherent in allowing the state, in its unfettered discretion, to record and transmit his words.” Further, the court ruled that government cannot circumvent Section 8 by relying on intermediaries to obtain information that it could not legally access.
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