Is there a breach of s.8 of the Criminal Code when the accused was searched during his arrest?
Nova Scotia, Canada
The following excerpt is from R. v. Goodwin, 2016 NSSC 283 (CanLII):
With respect to s.8 of the Criminal Code, the accused was searched incident to arrest and as the arrest was lawful, I find the search incident to have been lawful within the scope of Gouthier v. Langoir, 1991 SCR 158. Accordingly, there is no s.8 breach made out.
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