Unreasonable Search and Seizure
Unreasonable Search and Seizure as Legal Defence
Breach of the right to be free from unreasonable search and seizure (Section 8 of the Charter of Rights and Freedoms).
What this Means
The Canadian Charter of Rights and Freedoms sets out the rights that a person has when interacting with the police and the justice system. Section 8 of The Charter protects every person’s reasonable expectation of privacy.
In Canada, every person is entitled to a reasonable expectation of privacy. This means that any authority acting on behalf of the government (including the
police and the Crown Attorney) must carry out their duties in such a way that your reasonable expectation of privacy is upheld.
The police cannot search you, take anything that belongs to you, enter any place for which you have a reasonable expectation of privacy (for example: your home or your car) or access your personal information, unless done pursuant to a valid law that is reasonable and unless the search is done in a reasonable manner.
In many cases the police will have to obtain judicial authorization in the form of a search warrant or a production order before conducting a search or seizure. Even in cases where the police did obtain a search warrant, we can challenge the validity of the warrant to get any evidence that was seized excluded from consideration at your trial.
In some circumstances, the police will conduct a search or seizure without a search warrant. This is presumptively unreasonable and the Crown Attorney will have the onus or burden of establishing at your trial that in the given circumstances, the search was still reasonable.
If we are successful at establishing that one or more of your rights under the Charter were violated, we may be able to get evidence critical to the case against you thrown out (for example; drugs, guns, breath samples, financial records) or we may even be able to get the entire case against you thrown out.
At Every Defence, we have successfully defended hundreds of cases by showing that our clients’ rights under the Charter were breached.
Charged with a Criminal Offence? Get Every Defence.
Do not plead guilty without discussing your case with a lawyer. Many criminal offences have mandatory minimum sentences and a conviction will often result in a lengthy jail sentence. Being found guilty may result in negative employment, immigration and personal consequences to you and your family for years to come.