What is the test for a search warrant under Section 8 of the Criminal Code?
Alberta, Canada
The following excerpt is from R v Villaroman, 2018 ABCA 220 (CanLII):
Section 8 has as its purpose to balance an individual’s right to be free from state interference with the legitimate needs of law enforcement (Hunter v. Southam, 1984 CanLII 33 (SCC), 1984 2 SCR 145 at pg. 159.). Prior judicial authorization prevents unjustified intrusions on individual privacy, while the requirement that a search be conducted reasonably guards against the prospect of abuse of the authorized search and the consequential intrusion on privacy interests.
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