What is the test for a search and seizure pursuant to s. 8 of the Criminal Code?
British Columbia, Canada
The following excerpt is from R. v. Matvieshen, 2002 BCPC 78 (CanLII):
It was held in Hunter v. Southam (supra) that the purpose of s. 8 is to act as a limitation on government when exercising search and seizure powers. Thus an assessment of the constitutionality of a search and seizure must focus on its reasonable or unreasonable impact on the subject of the search or seizure, and not simply on its rationality and furtherance of a government objective.
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