What is the test for obtaining a search and seizure under s. 8 of the Criminal Code?
British Columbia, Canada
The following excerpt is from A Lawyer v. The Law Society of British Columbia, 2021 BCCA 437 (CanLII):
Moving to the second stage of the two-step test, the judge emphasized s. 8 only protects against unreasonable searches and seizures. Citing British Columbia Securities Commission v. Branch, 1995 CanLII 142 (SCC), [1995] 2 S.C.R. 3, he noted that, absent prior judicial authorization, a search or seizure will be unreasonable unless: (i) it is authorized by law; (ii) the authorizing law itself is reasonable; and (iii) it is carried out in a reasonable manner. He found that the Rule 4-55 order was authorized by the Legal Profession Act and the Law Society Rules. Then, he turned to the key question: whether the authorizing law was reasonable.
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