What is the test for determining whether Section 8 of the Criminal Code is engaged?
British Columbia, Canada
The following excerpt is from A Lawyer v The Law Society of British Columbia, 2021 BCSC 914 (CanLII):
As set out in R v. Cole, 2012 SCC 53 at paras. 34–36, determining whether section 8 is engaged involves a two-step analysis: (a) does the petitioner have a reasonable expectation of privacy in the information subject to production such that there has there been a “search” or “seizure” within the meaning of section 8; and, (b) if so, was the search or seizure “unreasonable”?
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