How have courts interpreted section 8 of the Criminal Code in the context of search and seizure?

Alberta, Canada


The following excerpt is from R. v. Cook, 1999 ABQB 351 (CanLII):

Dickson J. ,in Hunter v. Southam Inc., stated: The guarantee of security from unreasonable search and seizure only protects a reasonable expectation. This limitation on the right guaranteed by s. 8, whether it is expressed negatively as freedom from “unreasonable” search and seizure, or positively as an entitlement to a “reasonable” expectation of privacy, indicates that an assessment must be made as to whether in a particular situation the public’s interest in being left alone by government must give way to the government’s interest in intruding on the individual’s privacy in order to advance its goals, notably those of law enforcement.

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