What is the current state of the law on s. 8 search and seizure protection protection in s.8 of the Criminal Code?
British Columbia, Canada
The following excerpt is from R. v. Oliynyk et al., 2005 BCSC 1895 (CanLII):
Hunter v. Southam is the leading case on s. 8 search and seizure protection and the general requirement for a system of prior authorization. The scheme outlined in Hunter v. Southam is provided for in Part VI of the Criminal Code. Sections 185 and 186 precisely adhere to the Hunter v. Southam standard.
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