In the conflict between respecting privacy and combating crime, the exclusionary rule has been developed in the U.S. and Canada to protect the constitutional right to remain secure from unreasonable searches and seizures through electronic surveillance.Advancing technology is providing governments with unprecedented surveillance power in matters of serious crime, challenging the definition of what comprises a reasonable expectation of privacy in a free and democratic society and challenging when courts will employ the exclusionary rule. Yet, often impugned evidence obtained through electronic surveillance possesses probative evidentiary value without affecting the fairness of the trial. What constitutes a breach of the right to privacy and whether evidence obtained through a breach of this right should be excluded are questions that courts should assess separately. Compared to the U.S., Canada has a more explicit constitutional framework that allows judges to more rationally answer these questions.