Section 8 of the Canadian Charter of Rights and Freedoms protects a claimant’s reasonable expectations of privacy against unreasonable state intrusion.
Section 8 stands as a shield against unjustified state intrustions on personal privacy. A s.8 privacy claim may relate to the person, a place, information
or any combination of the three.
A claimant alleging a breach of s.8 must show first that the impugned state conduct amounted to a search or seizure and, second, that the state conduct fell below the reasonableness standard. If the claimant establishes a warrantless search, the onus rests on the Crown to demonstrate , on the balance of probabilities, that the search was reasonable.*
William Poulos, Barrister
* This blog is not a substitute for legal advice. Should you require legal advice, a lawyer should be consulted to advise on the specific circumstances of your matter.