Foreword

• Author: Sheilah Martin
• Pages: 23-24

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Foreword

Search and seizure is a vast topic that lies at the heart of the criminal justice system.

These powers are critical to obtaining and preserving evidence and protecting the

safety of the public. However, these powers also come with certain risks. There is an

inherent tension between the state’s powers of search and seizure and individuals’

civil liberties. As described in this text, searches and seizures implicate a number of

constitutional rights, including rights to privacy and bodily integrity and the right to

remain silent. The Supreme Court of Canada has consistently recognized that privacy

is not just a matter of protecting property or individual dignity but is a prerequisite to

“the maintenance of a thriving democratic society.”1 Section 8 of the Canadian Charter

of Rights and Freedoms2protects everyone from unjustified state intrusions upon their

privacy. But determining what qualifies as a search or seizure, and whether it is rea-

sonable, is highly context dependent. This presents distinct challenges both in the

moment and in the courtroom.

This book oers a comprehensive review of the evolving body of legal rules and

principles that govern why, when, where, and how reasonable searches and seizures

may be conducted. As canvassed in this text, searches and seizures occur in wide-ranging

circumstances, from regulatory inspections of workplaces, where the reasonable expect-

ation of privacy may be low, to searches of intensely private spheres involving personal

data and bodily integrity. The authors have thoroughly explained both the general prin-

ciples of search and seizure and their application in a range of specific contexts.

This text makes search and seizure law readily accessible to just about everyone,

including legal practitioners, law enforcement ocers, justices of the peace, and judges.

At one level, this area of the law lends itself to somewhat abstract thinking: for example,

is a computer a place or a thing? While drawing attention to important philosophical

and jurisprudential considerations, the authors’ stated goal is to produce a practical

handbook—a useful manual rather than an academic treatise. They have succeeded

admirably. The chapters form a thorough overview of search and seizure law from A

to Z, from abandoned items to zoom lenses. The writing is balanced and pragmatic,

1 R v Spencer, 2014 SCC 43 at para 15; see also R v Dyment, [1988] 2 SCR 417, 1988 CanLII 10

at 427-29; R v Plant, [1993] 3 SCR 281, 1993 CanLII 70 at 292; R v Fearon, 2014 SCC 77 at

paras 103, 112-18, Karakatsanis J dissenting.

2 Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), c11.

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