What is the meaning of section 8 of the Canadian Criminal Code when it comes to privacy protection?
Ontario, Canada
The following excerpt is from R. v. Philpott, 2002 CanLII 25164 (ON SC):
[26] Section 8 is shrewdly vague. Facially, it is not identifiable as a protection of privacy; but this has been its effect since Hunter v. Southam Inc. (1984), 1984 CanLII 33 (SCC), 14 C.C.C. (3d) 97 (S.C.C.). In that historic decision, the court arrived at these conclusions regarding section 8: (a) section 8 offers a broad protection against unreasonable search and seizure; (b) section 8 is engaged where there is a reasonable expectation of privacy; (c) a warrantless search is presumptively unreasonable; and (d) to avoid infringing section 8, any interference with a reasonable expectation of privacy either must be pursuant to a warrant or must fall within some exceptional circumstance.
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