What is the test for a letter of request under section 8 of the Charter seeking access to banking records in Switzerland?

5 Wetston J. then considered whether the respondent had a reasonable expectation of privacy in the records in question. He acknowledged that banking records are personal and confidential. He then considered the effect of maintaining these records in Switzerland, and held that “the application of section 8 is an inescapable product of the government’s enforcement activity within Canada” (p. 943), and “[i]f the [respondent] can be prosecuted in Canada, I see no reason why he should not be entitled to the corollary benefits of the Charter” (p. 944). As a result, he concluded that the respondent had a reasonable expectation of privacy. Having so held, he considered whether s. 8 required prior authorization by a neutral judicial officer before the letter of request could be sent. He held that prior authorization is crucial in balancing the interests of the individual with those of the government, and that it cannot be done by the police or government enforcement authorities (Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145). As a result, such authorization should have been obtained before the letter of request was sent, and the special case should be answered in the affirmative. B. Federal Court of Appeal, 1997 CanLII 6333 (FCA), [1997] 2 F.C. 176 Linden J.A. (Henry D.J. concurring)