What is the impact of the Charter on privacy, privacy and social security?

British Columbia, Canada


The following excerpt is from R. v. Collins, 1983 CanLII 271 (BC CA):

There was a difficult question for the drafters of the Charter. The question was posed by Cardozo J. in People v. Before (1926), 242 N.Y. 13, 150 N.E. 585 at p. 589: No doubt the protection of the statute would be greater from the point of view of the individual whose privacy had been invaded if the government were required to ignore what it had learned through the invasion. The question is whether protection for the individual would not be gained at a disproportionate loss of protection for society. On the one side is the social need that crime shall be repressed. On the other, the social need that law shall not be flouted by the insolence of office. There are dangers in any choice.

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