What constitutes a “seizure” within the contemplation of the Charter?

Alberta, Canada


The following excerpt is from Gainers Inc. v. United Food & Commercial Workers Intl Union Local 280-P, 1986 ABCA 161 (CanLII):

The Company urges that any enforced production of documents is a “seizure” within the contemplation of the Charter. Enlisted in support of this argument is the isolated statement to that effect in Alberta Human Rights Commission v. Alberta Blue Cross Plan [1983] 1 D.L.B. (4th) 301, where the court accepted the “view that a forced production of documents in civil proceedings, or during an administrative inquiry, is a seizure.”

Other Questions


Does the 9 month delay in scheduling for a hearing on a motion for an application for Charter status constitute a Section 11(b) Charter issue? (Alberta, Canada)
Can a motion for a declaration proceed in the absence of any other remedy for the respondents in the context of a breach of their Charter of Charter Rights? (Alberta, Canada)
What is the legal test for search and seizure of personal data under s. 8 of the Charter? (Alberta, Canada)
Does the holding of a public inquiry into historical abuse constitute a consideration that falls within the power to stay a subsequent prosecution? (Alberta, Canada)
What is the effect of the Charter on search and seizure? (Alberta, Canada)
Would the admission of the balloons in evidence constitute judicial condonation of unacceptable conduct by the investigatory or prosecutorial agencies? (Alberta, Canada)
Is impoundment of an improperly parked vehicle a seizure? (Alberta, Canada)
How to balance the Charter-protected rights of mobility rights and freedom of association with those of the public good? (Alberta, Canada)
Is a general advertisement sufficient to constitute a breach of a non-solicitation covenant? (Alberta, Canada)
How have courts interpreted the Charter and the role of the courts? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.