The following excerpt is from Bertram S. Miller Ltd. v. R., 1986 CanLII 4041 (FCA), [1986] 3 FC 291:
This has been the view adopted in the United States with respect to the provisions of the Fourth Amendment, which admittedly are different from those of s. 8: Donovan v. Dewey (1981), 101 S.Ct. 2534 at p. 2538 (per Marshall J.): However, unlike searches of private homes, which generally must be conducted pursuant to a warrant in order to be reasonable under the Fourth Amendment, legislative schemes authorizing warrantless administrative searches of commercial property do not necessarily violate the Fourth Amendment. The greater latitude to conduct warrantless inspections of commercial property reflects the fact that the expectation of privacy that the owner of commercial property enjoys in such property differs significantly from the sanctity accorded an individual's home, and that this privacy interest may, in certain circumstances, be adequately protected by regulatory schemes authorizing warrantless inspections.
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