What is the burden of persuasion under s. 8 of the Charter?

Alberta, Canada

The following excerpt is from R. v. Stehr, 1988 ABCA 51 (CanLII):

The respondent bears the burden of persuading the court that her right under s. 8 of the Charter to be secure against unreasonable search has been infringed. In Collins v. R., supra. Mr. Justice Lamer stated at p. 205: “The standard of persuasion required is only the civil standard of the balance of probabilities and, because of this, the allocation of the burden of persuasion means only that, in a case where the evidence does not establish whether or not the appellant’s rights were infringed, the court must conclude that they were not.”

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