What is the test for compliance with s. 8 of the Charter?
Ontario, Canada
The following excerpt is from R. v. Harrington, 2001 CanLII 28405 (ON SC):
Compliance with Charter s. 8 is achieved if the search or seizure is authorized by law, if that law is reasonable, and if the manner in which the search or seizure is carried out is reasonable. See Collins v. The Queen (1987), 1987 CanLII 84 (SCC), 33 C.C.C. (3d) 1 (S.C.C.) at p. 14. In my view, the provisions of the Criminal Code which provide for the DNA data bank order in this case, meet the above requirements.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for justifying the limitation of Charter right to prove that a party has met the Charter's requirements on a balance of probabilities? (Ontario, Canada)
Does the Minister of Justice have a basis to refuse surrender to surrender on the grounds that extradition to the United States is a violation of section 6(1) of the Charter of Charter Rights? (Ontario, Canada)
In what circumstances will a plaintiff be awarded damages for false arrest, wrongful imprisonment, Charter violation and Charter violation? (Ontario, Canada)
What is the test for a Charter right under s. 7 of the Charter to continue to be held in the judicial centres of counties and districts? (Ontario, Canada)
How have the courts interpreted s. 7 of the Charter of Canada’s Charter of Rights and Freedoms? (Ontario, Canada)
What is the test for damages under s. 24(1) of the Charter? (Ontario, Canada)
Is a voir dire testimony held during the course of a trial considered to be evidence in a Charter application? (Ontario, Canada)
What is the test for triggering a section 7 right under the Charter? (Ontario, Canada)
What is the "open court" principle in the Canadian Charter of Rights and Freedoms? (Ontario, Canada)
What is the test for preliminary questioning under the Charter of Human Rights? (Ontario, Canada)
