Is s. 490(15) of the Criminal Code applicable to searches conducted on private property?
British Columbia, Canada
The following excerpt is from Canada Revenue Agency v. Canada Border Services Agency, 2013 BCSC 594 (CanLII):
Thus, before s. 490(15) comes into play, a determination has already been made that an entry onto private property, an invasive search of premises, and a seizure of items and/or information is justified. In those circumstances, the “state’s interest in detecting and preventing crime ... [prevails] over the individual’s interest in being left alone ...” because “credibly based probability” has replaced suspicion (Hunter v. Southam at 167).
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