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Understanding Section 8

Understanding Section 8

Search, Seizure and the Canadian Constitution

By Susanne Boucher and Kenneth Landa


This book provides a framework for answering two questions. First, it looks at what constitutes an unreasonable search or seizure under section 8 of the Canadian Charter of Rights and Freedoms, which guarantees that everyone has the right to be secure against unreasonable search and seizure. Second, it examines what the appropriate legal and evidentiary consequences are when an unreasonable search or seizure occurs.

The book delivers a problem-solving approach, applicable to every question of reasonableness, by identifying the general rules that apply to all searches and then identifying the exceptions to the general rule and the rationale for those exceptions (to assist the reader in understanding how to carve out new exceptions or show analogous concerns for maintaining the status quo). Each chapter of the book addresses a different topic essential to understanding the protections guaranteed by section 8 and how to establish a breach of those protections.


Essential Principles of Litigating a Section 8 Claim
What Is A "Search" or A "Seizure"?
Reasonable Expectation of Privacy
Determining the Threshold of Reasonableness
Reasonable and Probable Grounds
Privilege in Search and Seizure
Searches with a Warrant-Execution and Litigation Issues
Seizures of Bodily Substances and Impressions
Warrantless Searches
Remedies for Unreasonable Search and Seizure

APPENDIX 1: Criminal Code Search and Seizure Powers
APPENDIX 2: Related Statute Search and Seizure Powers


Published 28 January 2005
Publisher Irwin Law (Canada)
ISBN 9781552210871
Australian RRP $70.00
International Price $64.95
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Law - Canadian Law
Law - Human Rights

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