What is the effect of the Charter on search and seizure?

Alberta, Canada


The following excerpt is from R. v. Stevens, 2001 ABQB 340 (CanLII):

The Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c.11 [Charter] acts as a limitation on the ability of government actors to interfere with the autonomy of the individual. The protection against unreasonable search and seizure is one of the pinnacles of our free and democratic society. Hunter v. Southam (1984), 1984 CanLII 33 (SCC), 14 C.C.C (3d) 97 at 106 (S.C.C.) emphasizes this point: The Canadian Charter of Rights and Freedoms is a purposive document. Its purpose is to guarantee and to protect, within the limits of reason, the enjoyment of rights and freedoms it enshrines. It is intended to constrain governmental action inconsistent with those rights and freedoms; it is not itself an authorization for governmental action.

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