What is the test for breaching Section 8 of the Charter?
British Columbia, Canada
The following excerpt is from R. v. B. (M.R.), 1998 CanLII 5039 (BC CA):
In his analysis of whether Section 8 of the Charter was breached, Roscoe, J.A. provided a test for determining this question in situations of alleged "seizures" of information. What is protected by Section 8 is a person's reasonable expectation of privacy (see Hunter v. Southam, 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145). With that in mind, at p. 356 he stated that the analysis of this issue requires resolution of specific questions: 1.Is information protected by Section 8? 2.Was the information provided to the police by the doctor the type of information protected by Section 8? 3.Was the doctor an agent of the state? 4.Did the information provide evidence of an offence? 5.Was there a search or a seizure? 6.If so, was the search or seizure unreasonable in the circumstances?
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