LAWS 3306 Lecture 2: LAWS 3306 - LECTURE 2
11 Feb 2017
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Lecture 2: crime, law, process, and politics: the charter of rights and freedoms. The charter, introduced in 1982, gave individuals in canada protection from a lot of the powers used by. State actors in criminal proceedings: section 8 search and seizure. The right to be secure from unreasonable search and seizure. Questions that arise here are what does unreasonable mean and to whom does it apply. This is up to the courts to interpret what we are talking about under these rights. For example, if police stop you at a red light and ask for a breath test, this is considered a search and seizure. There is a general principle which is: any search or seizure done by police without a warrant, it is presumed to violate this sections of the charter. The presumption puts the onus on the crown to rebut this presumption.
