When will a person have a reasonable expectation of privacy under s. 8 of the Charter of Rights?
British Columbia, Canada
The following excerpt is from TeBaerts v. Penta Builders Group Inc., 2015 BCSC 2008 (CanLII):
Cases dealing with the rights of an accused under s. 8 of the Charter of Rights offer a great deal of analysis of when a person will be found to have a reasonable expectation of privacy. In my view, those cases offer some helpful guidance here. It is well established that statutory interpretation and the development of the common law should accord with Charter values. In Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, for example, the court observed the right to privacy has been accorded constitutional protection and should be considered a Charter value in the development of the common law tort of defamation.
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