What is the scope of the "right of freedom from unreasonable search and seizure" under section 8 of the Criminal Code?

Alberta, Canada


The following excerpt is from R. v. Stevens, 2001 ABQB 340 (CanLII):

The protection against government interference under s.8 is circumscribed by the word “unreasonable”. Hunter v. Southam, at 108 (S.C.C.) is instructive on this point as illustrated as follows: 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.

Other Questions


How have courts interpreted section 8 of the Criminal Code in the context of search and seizure? (Alberta, Canada)
Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn? (Alberta, Canada)
Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
What is the test for a search warrant under Section 8 of the Criminal Code? (Alberta, Canada)
What is the legal test for probable searches in the context of Section 487.05 of the Criminal Code? (Alberta, Canada)
What is the test for obtaining a search warrant under section 487.08 of the Criminal Code? (Alberta, Canada)
What is the test for s. 42(1)(c) of the Canadian Criminal Code to determine the validity of search and seizure? (Alberta, Canada)
Does a finding of guilty under section 129(a) of the Criminal Code stand by virtue of the earlier finding of guilt under the same section? (Alberta, Canada)
What is the standard of review analysis in the context of section 2(b) of the Charter, section 4(b), section 5 (b) and section 6 of the PIPA? (Alberta, Canada)
What is the test for the application of section 7 of the Charter of Rights and Freedoms? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.