Canadian Charter of Rights and Freedoms section 8 (protection against unreasonable search and seizure) (contextual relationship)
E721997
Canadian Charter of Rights and Freedoms section 8 is a constitutional provision that guarantees individuals in Canada the right to be secure against unreasonable search and seizure, shaping the country’s privacy and law enforcement standards.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Canadian Charter of Rights and Freedoms section 8 | 0 |
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf | constitutional provision ⓘ |
| aimsTo |
protect individual autonomy
ⓘ
protect individual dignity ⓘ protect informational privacy ⓘ protect personal security ⓘ protect territorial privacy ⓘ |
| appliesTo |
"everyone" within Canada
ⓘ
administrative inspections by state authorities ⓘ government action ⓘ police investigations ⓘ |
| associatedWithConcept |
reasonable expectation of privacy
ⓘ
search warrant ⓘ seizure of evidence ⓘ state intrusion ⓘ |
| balances | state interests in law enforcement with individual privacy rights ⓘ |
| cameIntoForceWith | Constitution Act, 1982 NERFINISHED ⓘ |
| cannotBe | unilaterally overridden by ordinary legislation ⓘ |
| constitutionalStatus | entrenched in the Constitution of Canada ⓘ |
| contextualRelationship | Canadian Charter of Rights and Freedoms section 24(2) NERFINISHED ⓘ |
| distinguishesBetween | reasonable search or seizure and unreasonable search or seizure ⓘ |
| enforcedThrough | exclusion of evidence under section 24(2) ⓘ |
| guaranteesRight | right to be secure against unreasonable search and seizure ⓘ |
| hasDoctrinalTest | two-step analysis of reasonable expectation of privacy and reasonableness of state conduct ⓘ |
| influences |
Canadian criminal procedure
ⓘ
Canadian privacy law ⓘ standards for police conduct in Canada ⓘ |
| interpretedBy | Supreme Court of Canada NERFINISHED ⓘ |
| jurisdiction | Canada NERFINISHED ⓘ |
| language | "Everyone has the right to be secure against unreasonable search or seizure." ⓘ |
| legalSystem | Canadian constitutional law ⓘ |
| limits |
state power to search persons
ⓘ
state power to search property ⓘ state power to seize information ⓘ |
| partOf | Canadian Charter of Rights and Freedoms NERFINISHED ⓘ |
| permits | reasonable limits demonstrably justified in a free and democratic society under section 1 ⓘ |
| protects | privacy interests of individuals in Canada ⓘ |
| relatedTo | Canadian Charter of Rights and Freedoms section 24(2) NERFINISHED ⓘ |
| requires |
prior judicial authorization for most searches
ⓘ
searches and seizures to be reasonable ⓘ warrants to be based on reasonable and probable grounds ⓘ |
| scopeIncludes |
search of dwellings
ⓘ
search of electronic devices ⓘ search of vehicles ⓘ seizure of digital data ⓘ seizure of documents ⓘ |
| subjectTo | section 1 of the Canadian Charter of Rights and Freedoms ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
Privacy Act (Canada)
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basisIn
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Canadian Charter of Rights and Freedoms section 8 (protection against unreasonable search and seizure) (contextual relationship)
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