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Includes corporations as legal persons
- Section 8 protects people, not places, against unjustified intrusions on their privacy interests (Hunter v. Southam Inc., 2 S.C.R. 145 at page 159; R. v. Gomboc, 3 S.C.R. 211 at paragraphs 17, 75). As demonstrated by Hunter v. Southam, supra, the protection of people includes corporations as legal persons.
www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html
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Southam, supra, the protection of people includes corporations as legal persons. The purpose of section 8 is to prevent unjustified searches before they happen, not simply to determine after the fact whether they ought to have occurred in the first place (Hunter v. Southam, supra at page 160).
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.
Nov 5, 2020 · For example, corporations are protected against “unreasonable search and seizure” under section 8. The state can’t search or take something private from a corporation without permission, unless the law specifically allows it, like when police have a warrant.
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.
Southam dealing with section 8 privacy interests, the Supreme Court of Canada reiterated that section 8 of the Charter protects the privacy of individuals against unwanted intrusion into their private lives. The right extends to corporations as well.
Aug 30, 2019 · Section 8 refers to a post-interest rate increase which is triggered by a mortgagor's default, and should not invalidate an increase in the interest rate merely upon maturity of the secured debt. The Court disagreed and posed the question: Does the term "arrears" in the case of a mortgage in default apply only to missed monthly payments or does ...
Mar 6, 2024 · The majority concluded that section 8 protects IP addresses by recognizing that persons have a reasonable expectation of privacy in them. In the result, the Court ordered a new trial because the police violated this reasonable expectation.
