What is the test for a search and seizure pursuant to section 8 of the Charter?
Ontario, Canada
The following excerpt is from R. v. Philpott, 2002 CanLII 25164 (ON SC):
[67] Prior authorization, where it is feasible to obtain, is a pre-condition for a valid search and seizure. Reasonable and probable grounds, established upon oath, to believe that an offence has been committed or is being committed and that there is evidence to be found at the place of the search, constitutes the minimum standard, consistent with section 8 of the Charter, for authorizing search and seizure: see Hunter v. Southam Inc., supra, at p. 115.
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