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.

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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 ⓘ
cannotBe unilaterally overridden by ordinary legislation ⓘ
constitutionalStatus entrenched in the Constitution of Canada ⓘ
contextualRelationship Canadian Charter of Rights and Freedoms section 24(2) ⓘ
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 ⓘ
jurisdiction Canada ⓘ
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 ⓘ
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) ⓘ
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 ⓘ

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Privacy Act (Canada) → basisIn → Canadian Charter of Rights and Freedoms section 8 (protection against unreasonable search and seizure) (contextual relationship) ⓘ