What is the test for pre-authorization of searches under s. 8 of the Charter?

As noted above, Mr. Justice Dickson observed in Hunter v. Southam, that a system of pre-authorization for searches was necessary to protect citizen’s privacy interests articulated in s. 8 of the Charter. A system which reviewed those searches after the fact may result in the fruits of unreasonable searches being excluded from consideration in trials, but it would not address the harm that unwarranted and unreasonable searches would have on citizens where there were legitimate privacy interests. Additionally, harm would be done to the integrity of the justice system as reasonably informed citizens would lose faith in a system that did not protect legitimate privacy interests against unwarranted state intervention.