Ontario Police Services

Ontario Police Are Using Smartphone Spyware — and Fighting to Keep It Secret. Here’s What Defence Counsel Need to Know.

Ontario police are quietly deploying on-device investigative tools (ODITs) — state-grade spyware capable of intercepting encrypted messages, activating cameras, and logging keystrokes. Active prosecutions in Windsor and Brampton are raising urgent constitutional questions about warrants, disclosure, and the right to make full answer and defence. This article breaks down the legal issues defence counsel need to understand now.

Impaired Female Driver

R v Wilson [2026] OJ No 1514

R v Wilson, 2026 ONCJ 211 is the most significant DRE case since Bingley. An Ontario Court of Justice acquitted on a Refuse Demand charge after finding that skipping Step 1 of the 12-Step Drug Influence Evaluation — the breath alcohol test — means the evaluation was never completed, the demand was invalid, and the Crown’s case collapses at the threshold. The Court also dismantled the officer’s polydrug opinion indicator by indicator, rejected five General Indicators as speculation, and issued a pointed warning about confirmation bias built into the DRE program itself. Essential reading for any defence lawyer handling impaired driving or refuse charges involving a DRE.