What is the test for s. 42(1)(c) of the Canadian Criminal Code to determine the validity of search and seizure?

Alberta, Canada


The following excerpt is from Taplin v. Alberta (Securities Commission), 2007 ABQB 519 (CanLII):

In determining the constitutional validity of s. 42(1)(c) therefore, the crux of the question is whether the power contained therein to search and seize is unreasonable. As noted in Hunter v. Southam, 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, at para. 26: (t)his limitation on the right guaranteed by s. 8, whether it is expressed negatively as freedom from “unreasonable” search and seizure or positively as an entitlement to a “reasonable” expectation of privacy, indicates that an assessment must be made as to whether in a particular situation the public’s interest in being left alone by government must give way to the government’s interest in intruding on the individual’s privacy in order to advance its goals, notably those of law enforcement.

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