What is the test for s.8 of the Federal Rules of Justice?
Nova Scotia, Canada
The following excerpt is from R. v. Black, 2003 NSSC 54 (CanLII):
This principle was adopted and applied in Rakas v. Illinois, 439 U.S. 128 (1978) at p. 425, and United States v. Salvucci, 448 U.S. 83 (1980) at p. 86. The view expressed in these cases is persuasive and should be applied when s.8 challenges are considered.
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