What is a search and what is the scope of search?
British Columbia, Canada
The following excerpt is from R. v. Slater, 2012 BCPC 495 (CanLII):
What is a search? In Hunter v. Southam 1984 CanLII 33 (SCC), 1984 14 CCC (3d) 97, at pgs. 107-8, the court had embarked upon a definition of the terms "search and seizure" and defined it as being within the scope of the privacy of persons. The cases which were discussed include within the "scope of search" more than the act of looking for or seeking or looking through items. It is in that way that search is not bright line defined in the cases, because there can always be new means of searching, particularly in the electronic age, when you are dealing with the acquisition of information, which, in the monitoring context, may include "The Cloud," and people storing information in an electronic means outside of a device or place.
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