The Unfortunate Dilution of Section 8 Protection: Some Teeth Remain
In: Queen's Law Journal, Jg. 25 (1999-10-01), S. 65
Online
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Introduction This paper 1 is written from the perspective that Chief Justice Dickson drew a good balance between law enforcement and privacy interests in Hunter v. Southam Inc. 2 Subsequent retreats from this balance by the Supreme Court, often over strong dissents by Justice La Forest, are most disturbing. This article examines four of these retreats from strong section 8 Charter protection. 3 Part I focuses on recent jurisprudence surrounding the triggering test of reasonable expectation of privacy. It examines decisions in which section 8 protection has been denied altogether as in R. v. Edwards 4 (girlfriend's apartment) and R. v. Belnavis 5 (passengers in vehicles) and decisions where the Hunter standards have been reduced through contextual analysis, evident in recent decisions such as M.M.R. (schoolchildren) 6 and Monney 7 (drug-loo facilities at airports). Part II assesses the retreat from the Hunter standard of reasonable and probable grounds and the resulting confusion among the tests of reasonable suspicion, reasonable grounds and reasonable and probable grounds. Part III considers the broader impact on section 8 rights of the acceptance of the ancillary powers doctrine in R. v. Godoy . 8 Part IV re-emphasizes previous criticism 9 of the strong trend in section 24(2) rulings not to exclude real evidence obtained in violation of section 8. I. Reasonable Expectation of Privacy A. Pre-authorisation Standards of Hunter v. Southam It is well worth recalling how and why Hunter was decided. Justice Dickson, as he thenwas, for a unanimous Supreme Court, ...
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The Unfortunate Dilution of Section 8 Protection: Some Teeth Remain
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Autor/in / Beteiligte Person: | Stuart, Don |
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Zeitschrift: | Queen's Law Journal, Jg. 25 (1999-10-01), S. 65 |
Veröffentlichung: | 1999 |
Medientyp: | academicJournal |
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