Does the Charter protect us against a poor choice of friends?

British Columbia, Canada


The following excerpt is from R. v. N.J.S., 2014 BCSC 2658 (CanLII):

To conclude, the Charter is not meant to protect us against a poor choice of friends. If our "friend" turns out to be an informer, and we are convicted on the strength of his testimony, that may be unfortunate for us. But the Charter is meant to guarantee the right to be secure against unreasonable search and seizure. A conversation with an informer does not amount to a search and seizure within the meaning of the Charter. Surreptitious electronic interception and recording of a private communication does. Such recording, moreover, should be viewed as a search and seizure in all circumstances save where all parties to the conversation have expressly consented to its being recorded. Accordingly the constitutionality of "participant surveillance" should fall to be determined by application of the same standard as that employed in third party surveillance, i.e., by application of the standard of reasonableness enunciated in Hunter v. Southam Inc., supra. By application of that standard, the warrantless participant surveillance engaged in by the police here was clearly unconstitutional.

Other Questions


What is the test for a finding that a child is in need of protection under section 49 of the Child Protection Act? (British Columbia, Canada)
Does an extradition judge have jurisdiction to apply the Charter and grant Charter remedies? (British Columbia, Canada)
What is the test for "unfettered choice" under s. 15 of the Charter? (British Columbia, Canada)
Does section 12 of the Charter protect against cruel and unusual punishment? (British Columbia, Canada)
Does Section 2(d) of the Charter protect the exercise in association of the individuals? (British Columbia, Canada)
Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies? (British Columbia, Canada)
Does the Charter protect against insignificant or trivial limitations to human rights? (British Columbia, Canada)
When will the Court of Justice LaForme be able to continue to uphold the Charter of Canada's Charter of Human Rights? (British Columbia, Canada)
How has evidence been excluded from a Charter violation trial where the Charter violation was a serious one? (British Columbia, Canada)
How has section 8 of the Charter of Canada been interpreted in the context of privacy protection legislation? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.