Law of Search & Seizure in Canada

All Canadian citizens have a reasonable expectation of privacy.

In 1982, the Canadian government adopted the Constitution Act, 1982. Part one of the country's relatively new constitution, known as the Canadian Charter of Rights and Freedoms, states that "everyone has the right to be secure against unreasonable search and seizure."

Judicial Oversight

According to a paper prepared in 2006 by the Assistant Deputy Attorney General of British Columbia, Robert Gillen, great importance is placed on the rights of the individual in Canada. Gillen further states that "searches must be authorized by an independent judicial official before they occur."

Criteria

In 1983, the Supreme Court ruled that preauthorization of searches by a neutral, independent person must be based upon information given under oath that a crime has been committed, and that evidence of that offense will likely be found at the location of the search.

Exceptions

Canadian law recognizes that in some situations, the interest of the public outweighs the interest of the individual. Security searches at border crossings or airports therefore, are acceptable. When suspects leave illegal items or other crime evidence in plain view, the typically high standards for search authorization are diminished.

References

• The Sonon Law Archive: Constitution Act 1982
• ICCLR Law: Search and Seizure: Fair Investigative Practices in Canada

Resources

• National Association of Criminal Defense Lawyers: Search and Seizure in Canada