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John Navarrete represent Canadian Civil Liberties Association in Supreme Court of Canada in a marijuana grow-op case. Chief Justice McLachlin says in her dissenting judgment:
[128] The intervener the Canadian Civil Liberties Association (“CCLA”) submits that this type of information can be used to make several intrusive predictions regarding the probable activities taking place within a home. The CCLA submits, correctly in our view, that these predictions may include whether anyone is home, the approximate time at which the occupants go to bed and wake up, and guesses as to particular appliances being used. Of course, these predictions cannot be made with certainty. However, they do have the potential to reveal private or “biographical” information, and are significantly more reliable than any predictions that can be made using the electricity-usage information collected in R. v. Plant, [1993] 3 S.C.R. 281.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
