What is the current state of the law on privacy in a custodial setting?

Ontario, Canada


The following excerpt is from R. v. Mohamud, 2010 ONSC 6264 (CanLII):

In reaching that conclusion, I have considered that the privacy interest in a custodial setting is much reduced. This is a function of many factors, including the pressing need to maintain the safety and security of such institutions: see Weatherall v. Canada (Attorney General), 1993 CanLII 112 (SCC), [1993] 2 S.C.R. 872. It does not, however, follow that there is no privacy in a custodial setting, or that it is a “charter-free zone.” There remain pockets of privacy attaching to particular locations, or restricting use of particular investigative techniques.

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