Search results
- If an arrest is lawful, arresting officers have the authority to execute a search incident to arrest. But it's important to stress that the arrest must be lawful for a subsequent search to be legitimately authorized by law. Officers need a reasonable basis to believe a search is necessary.
People also ask
Does Section 8 require judicial review of the lawfulness of a search?
How does Section 8 protect against unreasonable search and seizure?
Can a search or seizure limit Section 8?
What is a “search” for Section 8?
How does Section 8 protect the government?
What is Section 8 of the Canadian Charter of rights & freedoms?
In addition to judicial review of the lawfulness of the search, section 8 may also require a mechanisms for review of the reliability of the findings, particularly where the consequences of a search or seizure follow automatically and immediately (Goodwin, supra at paragraph 71).
In any alleged violation of the rights under s. 8 of the Charter the Judge must make two inquiries: did the accused have a reasonable expectation of privacy; was the search or seizure an unreasonable intrusion on that expectation.
Dec 16, 2017 · In addition to judicial review of the lawfulness of the search, section 8 may also require a mechanisms for review of the reliability of the findings, particularly where the consequences of a search or seizure follow automatically and immediately (Goodwin at paragraph 71).
Mar 19, 2024 · Section 8 of the Canadian Charter of Rights and Freedoms safeguards your right to be free from any and all unreasonable searches and seizures. Police officers must have a legal right to search before they exercise the power to search your person, home, office, or car. They can't simply act on a whim or mere suspicion.
- (81)
Dec 14, 2023 · Section 8 of the Charter states: “Everyone has the right to be secure against unreasonable search or seizure.” This statement, though concise, carries significant implications. It protects Canadians from unlawful intrusion into their personal privacy by the state, particularly by law enforcement agencies.
- Imperium
Feb 16, 2023 · The Right To Be Free From Unreasonable Search And Seizure (Section 8) As per the Supreme Court of Canada, this right protects the reasonable expectation of privacy of an accused (R. v. Cole). Unlike what is portrayed in the movies, the police or any law-enforcement authority does not have the right to just barge into someone’s house, search ...
The right to be secure against unreasonable search and seizure is outlined in section 8 of the Charter. The right ensures that government actors do not examine aspects of people’s lives that one would reasonably expect to be private.
