AuthorSusanne Boucher & Kenneth Landa
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
1 Part 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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