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- A “ seizure ” for section 8 purposes is the “taking of a thing from a person by a public authority without that person’s consent” (R. v. Dyment, 2 S.C.R. 417 at page 431; R. v. Colarusso, 1 S.C.R. 20 at page 58; R. v. Law, 1 S.C.R. 227 at paragraph 15).
www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html
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What constitutes a “seizure”?
A “seizure” for section 8 purposes is the “taking of a thing from a person by a public authority without that person’s consent” (R. v. Dyment, [1988] 2 S.C.R. 417 at page 431; R. v. Colarusso, [1994] 1 S.C.R. 20 at page 58; R. v. Law, [2002] 1 S.C.R. 227 at paragraph 15).
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
B. Search or Seizure: Section 8. Section 8 of the Charter states: Everyone has the right to be secure against unreasonable search and 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.
Oct 25, 2021 · If a search or a seizure interferes with an individual’s reasonable expectation of privacy, it violates Section 8. However, know that the section protects people, not places, against unjustified intrusions.
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.
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.
