Is a search warrant granted in a regulatory context sufficient to satisfy the reasonableness inquiry?

Saskatchewan, Canada


The following excerpt is from R v Getz, 2014 SKQB 92 (CanLII):

The mere fact that the authority to conduct a search is granted in a regulatory context, however, does not constitute a complete answer to the reasonableness inquiry. As noted by La Forest J. in Comit— paritaire de l'industrie de la chemise v. Potash, 1994 CanLII 92 (SCC), [1994] 2 S.C.R. 406, 115 D.L.R. (4th) 702: 15 In view of the important purpose of regulatory legislation, the need for powers of inspection, and the lower expectations of privacy, a proper balance between the interests of society and the rights of individuals does not require, in addition to the legislative authority, a system of prior authorization. Of course the particular limits placed on the inspection scheme must, so far as possible, protect the right to privacy of the individuals affected. ...[emphasis added]

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