What is the test for obtaining a search warrant under s. 8 of the Charter for search and seizure?
British Columbia, Canada
The following excerpt is from R. v. Mann, 2014 BCCA 231 (CanLII):
The starting point for the legal analysis relevant to this issue is the appellant’s right under s. 8 of the Charter to be secure against unreasonable search and seizure. The provision aims to protect individuals from unjustified state intrusion on their privacy, and the onus is on the state to show that its interest in law enforcement outweighs the individual’s privacy interest. Generally that requires prior authorization in the form of a warrant, as warrrantless searches are presumed to be unreasonable: Hunter v. Southam, 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145 at 160-161.
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