In 1984, the Supreme Court of Canada, in Hunter v Southam, declared
warrantless searches unreasonable under section 8 of the Charter of
Rights and Freedoms. Police would henceforth require authorization
based on “reasonable and probable grounds.” The decision promised
to protect individuals from encroaching state power, but as Richard
Jochelson and David Ireland argue, post-Hunter search and seizure law
took a turn away from the landmark decision. A close examination of
dozens of post-Hunter cases reveals that section 8 protections have
become more difficult to obtain in the post-9/11 era. Rather than
developing rigorous standards for new search and surveillance
techniques and technologies, the court has used the Charter to
sanction broader police powers. Yet, even as it demonstrates that the
core principles of Justice Dickson’s vision for section 8 rights
have been diminished in an era of heightened security and expanding
police powers, Privacy in Peril suggests that increasing citation of
Hunter in the halls of justice offers hope that some protection of
civil liberties will endure in the twenty-first century.
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Hunter v Southam and the Drift from Reasonable Search Protections
Produktdetaljer
ISBN
9780774862592
Publisert
2021
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter