What is the current state of the law in the context of search and seizure cases?

Ontario, Canada


The following excerpt is from 495793 Ontario Ltd. et al v. Barclay et al, 2014 ONSC 3517 (CanLII):

In Lahaie v. Canada (Attorney General) 2008 CanLII 68124 (ON SC), [2008] O.J. No. 5276; 303 D.L.R. (4th) 213 (Sup. Ct.), the plaintiff sued for breach of his Charter right to be free of unreasonable search and seizure. The law was in a state of uncertainty at the time, but this was not brought to the attention of the Justice of the Peace who issued the search warrant. The RCMP searched Lahaie’s Canadian business in 1998 and his customs broker in 1999, seized the inventory and put him out of business. Following the search, the RCMP issued press releases and gave interviews to the press, identifying Lahaie’s business.

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