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Writing for the majority, Justice Andromache Karakatsanis wrote that an IP address is “the crucial link between an internet user and their online activity.”

“Thus, the subject matter of this search was the information these IP addresses could reveal about specific internet users including, ultimately, their identity.”

Writing for the four dissenting judges, Justice Suzanne Côté disagreed with that central point, saying there should be no expectation of privacy around an IP address alone.

The court’s decision is based on the case of Andrei Bykovets, who was convicted of 14 online fraud for purchases from an Alberta liquor store.

In 2017, the Calgary Police Service investigating the alleged crime discovered that the store’s online sales were managed by Moneris, a third-party payment processing company.

At trial, Bykovets argued that he was the victim of an unreasonable search and seizure, a violation of Section 8 of the Charter of Rights and Freedoms, because he had an expectation of privacy with respect to his IP address.


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