Our Crime Panel looks at just how private our text messages really are, what the conviction of a Red Deer Creep Catcher means and the ethics of young offenders being shackled and handcuffed.

 

Are text messages private property? The question was put to Canada’s top court this week following a case involving firearms convictions of a Toronto man.

The main evidence in that case were text messages on an alleged accomplice's cell phone. The Supreme Court ruled 5-2 in favor of keeping text message private, even after reaching the recipient. In 2014 Nour Marakah was found guilty of seven firearm offences.

Under this Supreme Court ruling Marakah’s convictions were thrown out as the court decided the evidence used to charge and convict him was obtained illegally. The Supreme Court ruled that when sending the text messages Marakah expected a level of privacy, and therefore the police search of the phone without a warrant was a violation under the Charter of Rights and Freedoms.

 

A Red Deer man has been found guilty of criminal harassment following his role in a Creep Catchers sting.

Carl Young, aka Karl Murphy, met up with a man he met online in November of last year to accuse him of illegal acts with youth. The two men met on the app “Grindr” at which point Young first pretended to be an 18-year-old, before later claiming to be only 15.

The two men planned to meet, at which point the man told Murphy he had a learning disability making it difficult for him to understand social cues. A Sociology professor at the University of Manitoba says this latest case involving Creep Catchers will not discourage future vigilantes. According to Professor Chris Schneider, many Creep Catchers’ members are actually the predators themselves, but see their work as protecting their community instead of harassment.

Young will be sentenced in January; the Crown has argued for a 12-month probation, defence would like to see their client fined.

 

Plus, offenders as young as 12-years-old are often shackled and handcuffed when transported or appearing in court, a practice New Brunswick’s child and youth advocate would like to see change.

According to Norm Bossé, this practice of shacking and handcuffing youth makes them feel like a criminal in cases where an alleged offender has not yet been convicted.

 

Our Crime Panel guests include: Morgan McClelland, defence lawyer; Mark Cherrington, youth justice advocate and Kevin Martin, Postmedia court reporter.