What is the test for a claim that the privacy of an inmate in a prison cell is being violated?

Ontario, Canada


The following excerpt is from R. v. Campanella, 2002 CanLII 4316 (ON SC):

In Weatherall v. Canada (Attorney General) [1983] 2 S.C.R. 872, the court considered a claim that the Charter s.8 rights of penitentiary inmates were being infringed. At page 877, LaForest J. stated that: 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… There being no reasonable expectation of privacy, s.8 of the Charter is not called into play;

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