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Is A Man's Home Still His Castle?

The Alberta Court of Appeal has ruled that a person’s home is his castle, and should be free from unreasonable government intrusion.
This case dealt with the home of Daniel and James Gomboc in southeast Calgary.  In January of 2004, the Calgary police noticed that the windows of Mr. Gomboc’s house were covered with condensation, the curtains were stained with moisture and there was no snow on the roof, unlike his neighbors.  The police then asked Enmax power to install a digital recording ammeter (DRA) to record what electricity was being used in the home.  Enmax complied, even though the police had not obtained a search warrant giving them permission to do so.  Several days later, Enmax provided the police with a printout of the electricity used in the Gomboc home.  The police felt that the data showed a pattern consistent with a marijuana grow operation.  The police then used this information to get a search warrant and performed a raid. In the raid, the police seized bulk marijuana, and processed and bagged marijuana.  Gomboc was convicted of production and possession of marijuana for the purpose of trafficking.  He then appealed his conviction to the Alberta Court of Appeal, and was successful. 
The Court of Appeal ruled that the law in Canada is clear that there is no place on earth where a person can have a greater expectation of privacy than within their own home.  The Court went on to say that Mr. Gomboc had a reasonable expectation of privacy regarding the information obtained by the DRA, and since that information was obtained without a search warrant, it was inadmissible.  The Court of Appeal said that the utilities company’s actions were similar to those of a mailman looking in the windows of a home while delivering mail, and then reporting it to the police, or of a cable tv supplier reporting the viewing habits and preferences of a subscriber. Without requiring a search warrant first to do those things, a citizen’s expectation of privacy in their home would be illusory at best.

It looks like a man’s home is still his castle.

Paul G. Pharo, Q.C. is a Lethbridge Lawyer.