LAWS 3306 Lecture Notes - Lecture 2: Breathalyzer, General Order
8 Apr 2016
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Document Summary
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) Everyone has the right to be secure against unreasonable search and seizure: the scc has established a straight forward framework. First of all, an accused person must demonstrate that he/she has a reasonable expectation of privacy in the place which was searched or seized. There are difference levels of privacy, the main one is the home, the court is very protective of the home. That would likely attract the highest expectation of privacy as a person. A vehicle would have less expectation of privacy than the home. The second principle, is that warrantless searches that are presumed to be unreasonable, when its unreasonable it violates section 8 of the charter.
