What is the starting point in assessing the constitutionality of a statutory search provision?
Alberta, Canada
The following excerpt is from R. v. Kitcher, 2017 ABPC 151 (CanLII):
The starting point in assessing the constitutionality of a statutory search provision is the holding in Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, 14 C.C.C. (3d) 97, at p. 157 S.C.R., p. 106 C.C.C. that “an assessment of the constitutionality of a search and seizure, or of a statute authorizing a search or seizure, must focus on its ‘reasonable’ or ‘unreasonable’ impact on the subject of the search or the seizure, and not simply on its rationality in furthering some valid government objective”. ...
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