Is there a reasonable expectation of privacy under s. 8 of the Charter for the frisk search, count and wind searches conducted by female guards?

Nova Scotia, Canada


The following excerpt is from R. v. Leggette, 2015 NSSC 112 (CanLII):

In R. v. Conway (Weatherall v. Canada (Attorney General)), 1993 CanLII 112 (SCC), [1993] 2 S.C.R. 872, LaForest J. stated for the unanimous court at p. 877: Imprisonment necessarily entails surveillance, searching and scrutiny. A prison cell is expected to be exposed and to require observation. The frisk search, the count and the wind are all practices necessary in a penitentiary for the security of the institution, the public and indeed the prisoners themselves. A substantially reduced level of privacy is present in this setting and a prisoner thus cannot hold a reasonable expectation of privacy with respect to these practices. This conclusion is unaffected by the fact that the practices at times may be conducted by female guards. There being no reasonable expectation of privacy, s. 8 of the Charter is not called into play; nor is s. 7 implicated.

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