What are the minimal prerequisites for reasonable searches and seizures under s. 8 of the Charter?
British Columbia, Canada
The following excerpt is from R.v. Nguyen et al, 2004 BCSC 76 (CanLII):
In Hunter v. Southam Inc. (1984) 1984 CanLII 33 (SCC), 14 C.C.C 3d 97 (S.C.C.), the court defined what have become known as "the minimal prerequisites for reasonable searches and seizures in connection with the investigation of any criminal offence", as follows (p. 115): "In cases like the present, reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that there is evidence to be found at the place of the search, constitutes the minimum standard, consistent with s. 8 of the Charter, for authorizing search and seizure."
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