What is the test for a personal search in the Customs Act?

Ontario, Canada


The following excerpt is from R. v. Monney, 1997 CanLII 979 (ON CA):

In his analysis concerning the reasonableness of the provision in the Customs Act authorizing a personal search, Dickson C.J.C, on behalf of the majority, reviewed the criteria established in Hunter v. Southam Inc. (1984), 1984 CanLII 33 (SCC), 14 C.C.C. (3d) 97 (S.C.C.), to which reasonable searches must conform. The three criteria are: (1) where possible, the search must have been approved by prior judicial authorization; (2) the person authorizing the search must be a neutral and impartial person acting in a judicial manner, although the person need not be a judge; and (3) there must be reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that evidence of this is to be found at a particular place.

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