Preface

• Author: Susanne Boucher & Kenneth Landa
• Pages: 15-16

ROADMAP FOR THIS BOOK

This book provides a framework for answering two questions: First, what

constitutes an unreasonable search or seizure under section 8 of the Char-

ter?1Second, when an unreasonable search or seizure occurs, what is the

appropriate legal or evidentiary consequence?

We have attempted to provide a problem solving approach applicable to

both of these questions. We begin by outlining the general rules that apply

to all searches, and then identify the principal exceptions to the general

rules. Understanding the rationale for those exceptions will assist the read-

er to indentify when a factual situation falls within an exception or when it

will be appropriate to carve out new exceptions. Optimally, the book should

be read as a whole (at least the first few chapters!) to best understand the

types of protections afforded by section 8 and the manner in which con-

cerns about unreasonable searches can be litigated in court.

Each chapter of the book addresses a different topic essential to under-

standing the protections guaranteed by section 8 and establishing a breach

of those protections.

•Chapter 1 outlines the importance of constitutional protections against

unreasonable state searches and seizures, and contrasts constitutional

1Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982

(U.K.), 1982, c. 11, s. 8. [Charter].

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Preface