What is the legal test for search and seizure of personal data under s. 8 of the Charter?

Alberta, Canada


The following excerpt is from Alberta Treasury Branches v. Leahy, 2000 ABQB 575 (CanLII):

In Hunter v. Southam, Dickson J. concluded that in a criminal case a high standard must be met before the state may invade a person's realm of privacy in order to detect and prevent crimes. He expressed the standard this way (at p.168): 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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