What are the requirements for valid legislation dealing with search and seizure provisions contained in a quasi-criminal statute such as the Health and Social Care Act?
British Columbia, Canada
The following excerpt is from Bishop v. College of Physicians and Surgeons of B.C., 1985 CanLII 569 (BC SC):
Some of the prerequisites for valid legislation dealing with search and seizure provisions contained in a quasi-criminal statute, expressed by Dickson J. (as he then was) may not be applicable to a statute, such as the Act, which deals with the powers of a governing body of a profession to investigate the conduct of a member of that profession. Nevertheless, in my respectful view, some of the principles enunciated in Hunter v. Southam Inc. have direct application to the case at bar. I shall later refer to some of them.
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