Lawyers argue if police should keep phones of former Calgary mayor, councillor for longer

Calgary's justice system is currently deliberating the extent to which law enforcement can hold onto digital evidence. Lawyers representing former mayor Jyoti Gondek and ex-city councillor Sean Chu are challenging an application by the Calgary Police Service (CPS) to extend the seizure of their mobile phones by nine months. The investigation centers on allegations of municipal corruption.

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The problem here is you don’t have a scintilla of evidence that Cellebrite is actually even working on this issue.

Gondek's and Chu's phones were seized three months ago, along with Chu's smartwatch and tablet. Detective Matt White, a CPS investigator seconded to the RCMP unit handling the case, is facing scrutiny over the police's methods and justification for the extended seizure. Gondek's lawyer, Rebecca Snukal, questioned White extensively in court, particularly regarding the limitations of current data extraction software, Cellebrite, in accessing newer iPhone models, such as Gondek's locked iPhone 17.

Snukal highlighted that investigators have not yet requested Gondek's passcode, suggesting police are relying on technological advancements rather than direct cooperation. White testified that technology is constantly evolving, implying hope that Cellebrite will eventually be updated. However, Chu's lawyer, Shamsher Kothari, argued that there is no concrete evidence that Cellebrite is actively working on overcoming these specific access issues, questioning the basis for the prolonged seizure.

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There’s hope but there’s also the idea that technology is constantly evolving.

The investigation reportedly focuses on a controversial land-use application from the previous city council in the summer of 2025. This application was initially tied 6-6 but was later approved after Chu brought forward a reconsideration motion, with Gondek present for the second vote. Affidavits suggest that local developer David White allegedly offered campaign donations exceeding legal limits to councillors in exchange for such motions. Evidence from White's phone reportedly indicates Gondek provided guidance on approaching councillors, and that Chu was also approached by White regarding the reconsideration motion.

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had been offering campaign donations that exceeded the maximum allowed to councillors, in exchange for them tabling a reconsideration motion.