LAWS 3306 Lecture 2: Lecture 2

• School: Carleton University
• Department: Law
• Course: LAWS 3306
• Professor: Paolo Giancaterino

Document Summary

Lecture 2: january 19th, 2017 the police: the charter of rights and freedoms. Found in the section of legal rights this course focuses on the legal rights that apply to persons in canada that have interactions with state actors: section 8 search and seizure. Everyone has the right to be secure against unreasonable search and seizure. The supreme court of canada has established a straight forward framework: An accused individual must demonstrate to the court that a reasonable expectation of privacy in the place they were searched (vehicle vs. residence is a different expectation of privacy) Warrantless searches are presumed to be unreasonable (violates section 8) This presumption could be rebutted by the crown as the crown can prove the search was reasonable. 50% & 1 kind of standard: the crown must show three specific things: the search was authorized by the law, the search is reasonable, the search or seizure was carried out in a reasonable manner.