LAW 602 Lecture Notes - Lecture 5: Telephone Tapping, Core Data, Fundamental Justice
24 Feb 2020
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Searching and seizing evidence in cyberspace: few issues as important to canadians as ability of law enforcement officers to invade person"s privacy without judicial authorization (s. 8, charter) While you have the right to your privacy, there is also the need to gather evidence: absence of judicial authorization means search presumed to be unlawful; general code search warrant provision, s. 487(1) Allows an investigator/police officer/regulator to get a warrant (a judicial authorization) to search a private location/product (e. g. house, computer) If mr. morte took the risk of speaking with an undercover cop that is his risk. Canada"s approach: content neutral approach if you go into a room and shut the door then you have a objectively reasonable expectation of privacy and security against unreasonable search and seizure. Only applies if you can show that the search was unreasonable: privacy interests higher in homes, body than cars, factories reasonable expectation of privacy has both subjective component and must be objectively reasonable.
