What is the test for determining whether a search by sniffing dogs was unauthorized?

British Columbia, Canada


The following excerpt is from R. v. Vu, 1999 BCCA 182 (CanLII):

Having concluded that the search (by sniffing) was unauthorized, Sopinka J. turned to consider whether the search was “unreasonable”. Reverting back to the rule in Hunter v. Southam, he held that the search was unauthorized, and therefore prima facie unreasonable. On the other hand, the other majority judge, LaForest J., held that the search was illegal because it was unreasonable.

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