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Section 8 involves a two-step analysis: Has there been a “search” or a “seizure”? Not every form of examination conducted by the government, and not every taking by the government, will constitute a ‘search’ or ‘seizure’ for constitutional purposes.
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
The Court said that section 8 is concerned not only with the protection of property but also with the protection of the individual’s privacy against search or seizure.
- 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.
Dec 16, 2017 · The section 8 protection against seizure does not apply to government action merely because those actions interfere with property rights. Rather, “there must be a superadded impact upon privacy rights occurring in the context of administrative or criminal investigation” (Quebec (Attorney General) v. Laroche, [2002] 3 S.C.R. 708 at paragraph ...
Section 8 of the Canadian Charter of Rights and Freedoms, which guarantees “the right to be secure against unreasonable search or seizure,” 2 entrenches constitutional restraints on the ambit of searches and seizures.
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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.
