What is the balancing of the public interest served by the police conduct and the liberty interest interfered with by that conduct?

British Columbia, Canada


The following excerpt is from R. v. Sipes, 2011 BCSC 1763 (CanLII):

This balancing of the public interest served by the police conduct and the liberty interest interfered with by that conduct mirrors the balancing of interests required by the Charter and is consistent with what Binnie J. said in Tessling at para. 17: At the same time, social and economic life creates competing demands. The community wants privacy but it also insists on protection. Safety, security and the suppression of crime are legitimate countervailing concerns. Thus s. 8 of the Charter accepts the validity of reasonable searches and seizures. A balance must be struck, as held in Hunter v. Southam, supra, at pp. 159-60, per Dickson J.: ... an assessment must be made as to whether in a particular situation the public's interest in being left alone by government must give way to the government's interest in intruding on the individual's privacy in order to advance its goals, notably those of law enforcement.

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