Search results
Searches or seizures conducted pursuant to reasonable lawful authority can nevertheless be found to limit section 8 if the search or seizure is carried out in an unreasonable manner (R. v. Genest, [1989] 1 S.C.R. 59; R. v. Cornell, [2010] 2 S.C.R. 142).
8. Everyone has the right to be secure against unreasonable search or seizure. – CCRF. Under this section police are prohibited from "unreasonable" searches. The inquiry of the lawfulness of a search is based on whether the search was "reasonable" in the circumstances.
Section 8 does not apply to every search or seizure. Rather, the right focuses on the action being unreasonable on the basis that it violates the expectation of privacy that a reasonable individual would have.
Aug 18, 2020 · Section 8- Everyone has the right to be secure against unreasonable search or seizure. PURPOSE. The purpose of section 8 of the Canadian Charter of Rights and Freedoms is to prevent unjustified searches by the state before they happen (Hunter v Southam, [1984] 2 SCR 145).
- Sara Little
B. Search or Seizure: Section 8. Section 8 of the Charter states: Everyone has the right to be secure against unreasonable search and seizure.
Section 8 of the Canadian Charter of Rights and Freedoms states: Everyone has the right to be secure against unreasonable search or seizure. This section protects the reasonable expectation of privacy.
People also ask
Can a search or seizure limit Section 8?
What is considered a seizure under Section 8?
Does a'seizure' of a person's thoughts constitute a seizure under Section 8?
What if a search or seizure violates privacy rights?
Does Section 8 require judicial review of the lawfulness of a search?
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.
