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- As such, section 8 protects a sphere of individual autonomy within which people have the right “to be let alone” and on which the state cannot intrude without permission (R. v. Ahmad, 2020 SCC 11 at paragraph 38).
www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html
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Does Section 8 protect individual autonomy?
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As such, section 8 protects a sphere of individual autonomy within which people have the right “to be let alone” and on which the state cannot intrude without permission (R. v. Ahmad, 2020 SCC 11 at paragraph 38).
- Guarantee of rights and freedoms – section 1 1. Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
- Fundamental freedoms – section 2 2. Everyone has the following fundamental freedoms: a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- Democratic rights – sections 3 to 5. Democratic rights of citizens – section 3. Maximum duration of legislative bodies – section 4. Annual sitting of legislative bodies – section 5.
- Mobility rights – section 6. Mobility of citizens 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada. Rights to move and gain livelihood.
Aug 18, 2020 · Section 8 aims to protect underlying values of dignity, integrity and autonomy (R v Plant, [1993] 3 SCR 281). Broadly speaking, a search or a seizure will violate section 8 if it interferes with an individual’s reasonable expectation of privacy.
- Sara Little
In deciding whether there is a reasonable expectation of privacy in information, the enquiry should be guided by the extent to which the information in question promotes the values protected by section 8, the dignity and autonomy of the individual.
- Croft Michaelson
- 2008
Dec 16, 2017 · In fostering the underlying values of dignity, integrity and autonomy, it is fitting that section 8 of the Charter should seek to protect a biographical core of personal information which individuals in a free and democratic society would wish to maintain and control from dissemination to the state.
Dec 10, 2019 · Legislation should recognize and protect their freedom to live and develop independently as persons, away from the watchful eye of a surveillance state or commercial enterprises, while still participating voluntarily and safely in the regular, day-to-day activities of a modern digital society.
Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state.
