Computer search while its being repaired

Mr. X has computer problems. He brings his computer to a technician to find out the problem and complete the necessary repairs.

People believe their computer is protected and its content cannot be viewed while it's in the possession of the computer repair technician. You are wrong.

The Canadian Charter of Rights and Freedoms protects individuals against abusive searches by a state agent (usually a police officer or a custom officer).

The computer repair technician who's looking at your computer is not a state agent but rather he's an employee of the computer repair store. The Charter does not apply to his actions and regardless of what he does with the content of your computer while he's in possession of it is not going to help you with your criminal case. Mr. X may have a civil litigation case against the computer store but the technician did not do anything illegal from a criminal law's perspective.

However, if the technician acts for the police, under their instructions, if the police officer is next to him and his guiding him on what to do and many more situations, the computer repair technician could be acting as a state agent and the Charter protection might apply.

Fictitious scenario

Mr. Smith brings his computer at Microsoft to repair the ventilator because his computer is over heating. He signs the required authorizations and he leaves his computer with the store for repair. While the technician, Mr. Jones, is doing the repairs, he boots and he notices videos on the desktop of the computer. When Mr. Jones opens the videos, he believes the persons depicted in the videos are rather young and he calls police. The police officer asks Mr. Jones what he saw, he seizes the computer and proceed to arrest Mr. Smith for child pornography charges.

Every matter is different and must be analyzed on its own merits and circumtances but in this scenario, there was not an unreasonable search because Mr. Jones was not an actor covered under the Charter et the content of the computer is admissible in court.