Mid Term Info & Privacy Law Flashcards
mid term one
section 8
analysis of whether there was a breach of section 8 invokes 2 steps
step 1
did the government activity violate an individuals reasonable expectation of privacy
step 2
was the search reasonable
Two Areas
common law and conduct of search itself
Hunter V Southam
protects people not places, protects reasonable expectation of privacy, searches that violate are unreasonable unless conducted with prior authorization example judges, court order, section 8
reasonable grounds
offence is committed and has evidence at search
second standard
reasonable suspicision
special circumstances
waiting for warrant, evidence gets destroyed example accident indicdents or prisions
R v Buhay
Controversial and Unsettled area of law, private security guards, personal privacy search of body highest level, charter only to government agents directly from government charter does not apply, cannot hand over evidence police without prior authorization , has choice, section 8
R v wong
section 8, Survillenance what we except does change the law, the ends dont justify means
R v Marakah
section 8 applies where a person has a reasonable privacy interest in the object matter of the state action,
R v Plant
bioglaphical core of personal information, informational privacy, example bank recrords, depends context and nature, does not relieve anything can be searched
R v Reeves
Reduced expectation of privacy shared devices can have consent to let information out because shared hand over to police
R v mackenzie
reasonable suspicision, day to day activies extreme nervousness
R v fearon
search incident to arrest, warrant not required only applies to searches that are directly related to offence,
