What is the test for reasonable expectation of privacy?

Ontario, Canada


The following excerpt is from R. v. El-Azrak, 2018 ONSC 4450 (CanLII):

If a reasonable expectation of privacy is engaged, the question will then be whether or not the police activity in question amounts to an unreasonable search. Absent a warrant, or some other lawful authority for the police action (common law[6], statute, exigent circumstances), a finding that there is a reasonable expectation of privacy will mean the search is unreasonable and violates s. 8. Dickson J. (as he then was) in Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, framed a reasonable expectation of privacy in the following way at pp. 159-160: The guarantee of security from unreasonable search and seizure only protects the reasonable expectation. This limitation on the right guaranteed by section 8 whether it is expressed negatively as freedom from “unreasonable” search and seizure, or positively as an entitlement to any “reasonable” expectation of privacy indicates that an assessment must be made as to whether in a particular situation the public’s interest in being left alone by government must give way to the government’s interest in intruding on the individual’s privacy in order to advance its goal notably those of law enforcement. “Reasonable Expectation of Privacy”

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