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Charge of sexual assault withdrawn just prior to the commencement of trial. B.R. made allegedly made a video of an encounter with a unidentified female that appeared to be a non-consensual act. B.R. was investigated by police for an unrelated matter and his cell phone was seized and examined by police. Police demanded that B.R. provide them with the pass word to the cell phone. Police found the recording on the phone and charged B.R. A warrant was sought after the phone was seized. However, defence lawyer Joseph Neuberger challenged the validity of the demand for the password as a breach of the client’s Charter rights and that the resulting search of the phone was unlawful. The warrant as well was deficient in many respects. Lastly, Joseph Neuberger, argued that the unidentified female may have actually consented and without a statement and hence evidence from the complainant, the Crown could not prove “lack of consent”. Accordingly, the charge was withdrawn.