Foreword

• Author: Sheilah L. Martin
• Profession: Justice of the Supreme Court of Canada
• Pages: 13-14

Page 13

FOREWORD

I was delighted to be asked to write the foreword to this excellent book, which provides a precise and digestible presentation of the right to privacy and the jurisprudence interpreting section 8 of the Canadian Charter of Rights and Freedoms.

The book is both well written and eminently helpful. Its systematic presentation will be appreciated both by students new to the study of section 8 of the Charter and experienced practitioners looking to eiciently navigate the extensive body of jurisprudence in this important area. It contains lucid, organized, and comprehensive discussions of the legal principles surrounding search and seizure accompanied by astute commentary on how this area of law has developed. While maintaining a sleek presentation, the authors manage to capture the spirited debates that have come to characterize the section 8 jurisprudence. The result is a concise and academically rigorous text.

At the heart of Charter jurisprudence lies an ever-present tension between collective security and individuals’ right to be free from state intrusions upon their liberty and privacy interests. The authors do not shy away from this tension. They instead ground their analysis of the jurisprudence with a philosophical discussion on the nature of privacy and its normative value. This illuminating discussion is sophisticated yet accessible. A...