What is the burden of establishing a warrantless search/seizure complied with s.8 of the Charter?
Ontario, Canada
The following excerpt is from R. v. MacDonnell, 2004 CanLII 9939 (ON SC):
The prosecution had the burden of establishing the warrantless search/seizure complied with s.8 of the Charter. A search will be reasonable if it is authorized by law, if the law itself is reasonable, and if the manner in which the search was carried out is reasonable: Collins v. The Queen (1987), 1987 CanLII 84 (SCC), 33 C.C.C. (3d) 1 (S.C.C.) at 14.
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