NCJ Number
224702
Journal
Canadian Journal of Criminology and Criminal Justice Volume: 50 Issue: 3 Dated: June 2008 Pages: 279-306
Date Published
June 2008
Length
28 pages
Annotation
This article provides a legal overview of the test used by Canadian courts to analyze whether a reasonable search and seizure was carried out by government or its agents under section 8 of the Charter of Rights and Freedoms.
Abstract
Canadian constitutional protection of privacy and many key aspects of the legal conception of privacy within Canada have been developed within the context of criminal prosecutions in which accused persons assert their section 8 Charter right to be free from unreasonable search and seizure. Therefore, understanding of the section 8 framework is central to understanding the constitutional protection of privacy in Canada. Also explored are the three types of privacy (bodily, territorial, and informational) that the courts have identified and argues that emerging information and surveillance technologies have increasingly blurred the lines between these categories, leading to an erosion of privacy protection. The author argues for strong constitutional privacy protection that recognizes the broader social implications of the invasive profiling made possible through the aggregation of seemingly non-revealing and individually collected pieces of data. References