When determining whether an individual has a right to privacy under s. 8 of the Criminal Code, what is the impact of the police search during the search?

When determining whether an individual has a right to privacy, it must be made without reference to police conduct during the impugned search. At para. 33 of R. v. Edwards, [1996] 1 S.C.R. No. 128, Cory J. stated: There are two distinct questions which must be answered in any s. 8 challenge. The first is whether the accused had a reasonable expectation of privacy. The second is whether the search was an unreasonable intrusion on that right to privacy. See Rawlings v. Kentucky, 448 U.S. 98 (1980). Usually, the conduct of the police will only be relevant when consideration is given to this second stage.