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- 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.
en.wikipedia.org/wiki/Section_8_of_the_Canadian_Charter_of_Rights_and_Freedoms
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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 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
- 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.
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.
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.
B. Search or Seizure: Section 8. Section 8 of the Charter states: Everyone has the right to be secure against unreasonable search and seizure.
