What is the test to prove an infringement of section 8 of the Canadian Privacy Act?
Manitoba, Canada
The following excerpt is from R. v. Monaghan, 2014 MBQB 76 (CanLII):
In order to prove an infringement of s. 8, the person asserting the claim must first establish that he had a reasonable expectation of privacy in the thing searched or seized (Hunter v. Southam Inc. 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145). The parties agree that the accused had the necessary privacy interest to make this challenge.
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