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- A search can only be unreasonable and be in violation of s. 8 of the Charter where it intrudes on a person's reasonable expectation of privacy. The accused seeking to challenge a search or seizure must begin by establishing the existence of a s. 8 right by showing there is was a reasonable expectation of privacy.
www.criminalnotebook.ca/index.php/Reasonable_Expectation_of_Privacy
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The Canadian Bill of Rights contains no specific rights to privacy or to be secure against unreasonable search and seizure; but section 1(a) protects a limited right not to be deprived of the enjoyment of property without due process.
The right to privacy must be balanced against society's interests in "safety, security and the suppression of crime." The words "search" and "seizure" are to be treated disjunctively. It is possible for one to lawful and at the same time the other one unlawful.
The right to be secure against unreasonable search and seizure is a right that protects individual’s privacy interests in Canada. There are three types of privacy interests protected by section 8: personal privacy, territorial privacy, and informational privacy.
Canadian search and seizure laws are the guardians of your personal privacy and freedom. They ensure that, in the pursuit of justice, the law respects your rights and operates within clear boundaries.
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.
A search can only be unreasonable and be in violation of s. 8 of the Charter where it intrudes on a person's reasonable expectation of privacy. The accused seeking to challenge a search or seizure must begin by establishing the existence of a s. 8 right by showing there is was a reasonable expectation of privacy.
Aug 18, 2020 · Broadly speaking, a search or a seizure will violate section 8 if it interferes with an individual’s reasonable expectation of privacy.
