What is the current state of the law on searches and seizures under s. 8 of the Criminal Code?

Ontario, Canada


The following excerpt is from Sazant v. The College of Physicians and Surgeon, 2011 ONSC 323 (CanLII):

The application of a less strenuous and more flexible standard of reasonableness in the case of administrative or regulatory searches and seizures is fully consistent with a purposive approach to the elaboration of s. 8. As Dickson J. made clear in Hunter v. Southam, the purpose of s. 8 is the protection of the citizen’s reasonable expectation of privacy. But the degree of privacy the citizen can reasonably expect may vary significantly depending upon the activity that brings him or her into contact with the state. In a modern industrial society, it is generally accepted that many activities in which individuals can engage must nevertheless to a greater or lesser extent be regulated by the state to ensure that the individual’s pursuit of his or her self-interest is compatible with the community’s interest in the realization of collective goals and aspirations. …

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