What is the test for an "unreasonable search" under s. 8 of the Charter of Rights?
British Columbia, Canada
The following excerpt is from R. v. Kim, 2016 BCPC 446 (CanLII):
A citizen has the right to be secure against an unreasonable search: s. 8 Charter of Rights. The primary objective of s. 8 is to preserve the privacy interests of individuals from unjustified state intrusions upon that privacy. Consequently, it is only where a police investigatory technique intrudes upon an individual’s reasonable privacy interest that constitutes a “search” within the meaning of s. 8 of the Charter: R v. Evans, 1996 CanLII 248 (SCC), [1996] 1 S.C.R. 8, para.11.
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