CRIM 330 Lecture Notes - Lecture 8: Exigent Circumstance, Mellenthin, Closed-Circuit Television
20 Apr 2018
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Search and seizure: charter s. 8: the context for the search and seizure (a) theory underlying section 8: reasonable expectation of privacy , everyone has the right to be secure against unreasonable search and seizure. Scc has said the fundamental purpose of section 8 is to protect the privacy of individuals (to prevent unjustified state intrusions into privacy of individuals) Section 8 prohibits unreasonable researches it creates a right to privacy. But it is not an absolute right to privacy, and not all searches are prohibited so section 8 really created a reasonable expectation of privacy . The reasonable expectation of privacy is a personal right it protects people (their right to privacy) rather than places or things in and of themselves. So the issue isn"t whether searching a house or a car is unconstitutional the issue is whether such searches violate a person"s reasonable expectation of privacy in the circumstances. This may involve personal privacy, territorial privacy, information privacy.
