Topic > Search and Seizure Case Study in Canada - 1321

It has been a controversial topic for many years since the s. 8 of the Charter of Rights and Freedoms was activated when the Charter came into force in 1982. When or if a police officer approaches you on suspicion that you have something illegal or harmful in your backpack, they are not authorized to search or seize anything without a warrant. There are pros and cons to this argument because according to section 7 everyone has the right to life, liberty and security, so in a negative light if citizens feel unsafe because a person is suspicious and puts others in danger, the police is not allowed to interfere without ensuring that evidence does not become invalid in a court case, if necessary. In a positive light, if someone calls 911 and gets in trouble and the police can get a warrant to help in time, then it would save lives and make society a safer environment. There have been various cases where spatial privacy has been abused in different ways: telephone, Internet, etc. At this point many might agree that the law itself (section 8 of the Canadian Charter of Rights and Freedoms) may need to be updated in terms of specifying when it is required for a warrant and when it is not, as technology has also been updated since the Constitution was promulgated in 1982. Society's view may change after cases like R v. Tse, since the police can still invade privacy constitutionally or not. Also