Section Eight of the Canadian Charter of Rights and Freedoms Totally Explained

Everything about Section Eight Of The Canadian Charter Of Rights And Freedoms totally explained

Section Eight of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This Charter right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance.
Under the heading of legal rights, section 8 states:
section 24(2).

Reasonable expectation of privacy

Generally speaking, the reasonable expectation of privacy doesn't protect against normal searches or seizures. Rather, the right focuses on the action being unreasonable on the basis that it violates an individual's reasonable expectation of privacy.

Search

Not every form of examination constitutes search. A search within the meaning of section eight is determined by whether the investigatory technique used by the state diminishes a person's reasonable expectation of privacy. The focus of analysis is upon the purpose of the examination. A police officer who compells someone to produce their licence wouldn't be invasive enough to constitute a search (R. v. Ladouceur, [1990]). Equally, an inspection of the inside of a car isn't a search, but questions about the contents of a bag would be. (R. v. Mellenthin [1992]) It has also been ruled that the use of a police dog as a means to gain probable cause to search is also in itself a violation of Section 8, and that other factors must be present before a police dog can be used and a search executed. (R. v. A.M. [2008], R. v. Kang-Brown [2008])

Seizure

The meaning of seizure is fairly straight forward. In R. v. Dyment (1988), the Court defined it simply as the "taking of a thing from a person by a public authority without that person's consent." This meaning has been narrowed to cover property taken in furtherance of administration or criminal investigation (Quebec (Attorney General) v. Laroche, [2002]).

Further Information

Get more info on 'Section Eight Of The Canadian Charter Of Rights And Freedoms'.

External Link Exchanges

Do you know how hard it is to get a link from a large encyclopaedia? Well we're different and will prove it. To get a link from us just add the following HTML to your site on a relevant page:

<a href="http://section_eight_of_the_canadian_charter_of_rights_and_freedoms.totallyexplained.com">Section Eight of the Canadian Charter of Rights and Freedoms Totally Explained</a>

Then simply click through this link from your web page. Our crawlers will verify your link, extract the title of your web page and instantly add a link back to it. If you like you can remove the words Totally Explained and embed the link in article text.
As long as your link remains in place, we'll keep our link to you right here. Please play fair - our crawlers are watching. Your site must be closely related to this one's topic. Any kind of spamming, dubious practises or removing the link will result in your link from us being dropped and, potentially, your whole site being banned.