What is Section 8 of the Charter

 The Canadian Charter of Rights and Freedoms protects constitutional rights in Canada. Section 8 of the Charter protects people against unreasonable searches and seizures by police, and thus, violations of their privacy. The purpose of section 8 is to balance people’s right to be left alone with the government's desire to enforce the law.

A section 8 violation will only be found where a search or seizure conducted by police is unreasonable. An experienced Edmonton criminal lawyer can help you understand whether you have been subject to an unreasonable search or seizure.

 

What is a search? What is a seizure

A “search” under section 8 is any government activity which interferes with a person’s reasonable expectation of privacy. This could include a police officer reading your text messages, or the recording of a private conversation. A “seizure” under section 8 is when a police officer takes a person’s belongings without their consent.

 

What makes a search or seizure unreasonable under section 8

To decide whether a search or seizure conducted by police was reasonable under section 8, the Court asks two questions: (1) whether there has been a search or seizure; and (2) whether that search or seizure was reasonable?

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