Module 5 pt.2 Flashcards
What is Section 8 of the Charter guarantee?
It guarantees the right to security against unreasonable search and seizure
What is “Reasonable Expectation of Privacy” REP
When an invasion by a state actor into a persons private life constitutes a search or seizure
What are the two factors that justify searches
Warrents = authorization from a judge
Probable grounds = to do a search you need proof and credible evidence that its necessary
What is the ex-ante vs ex-post analysis
The court has to consider the Reasonable expectation of privacy from a neutral perspective
eg. the court held that the people have a REP in hotel rooms regardless of their activity inside
When can a persons REP be reduced or lost
if they expose personal information to the public
What are Statutory powers police have
Police are granted specific search and seizure powers under various laws
What does “search incident to arrest” mean
when the police can search an arrested person and their immediate surroundings
What is a safety search
police can search a person for safety reasons
What are the 3 common law powers for searches
Search incident to arrest
Safety Search
Canine sniff search
What is considered the “biographical core” of personal information?
Information that reveals intimate details about a persons life
Which type of search can be conducted without a warrant and probable grounds
canine sniff search
What are Remedies
Legal means to address a wrong violation
What is the “Exclusionary rule?”
a rule that prohibits the use of illegally obtained evidence in court
What does section 24-1 of the charter allow individuals to do
It allows individuals whose charter rights have been infringed to apply to a court for appropriate remedies
What is a court that has the authority to hear a particular case
Court of competent jurisdiction
What is a “Stay of Proceedings”
A court order that permanently ends a criminal prosecution without a finding of guilt
What are Cost awards?
Financial compensation for expenses that were caused by improper legal proceedings
What does Charter 24-2 allow?
Allows for the exclusion of evidence obtained in a manner that violates the Charter
What is the Administration of Justice?
The system of courts and laws that ensures fairness in legal proceedings
What are trial process remedies
Measures to address procedural issues
What is the Two-part test?
the court must find:
1) teh evidence was obtained in a manner that violated the charter
2) the admission of the evidence would bring the administration of justice into disrepute (a bad look)
What refers to a police officer’s understanding of the law, to comply with the law, and lack of intent to violate charter rights
Good faith
What is the three part test?
1) Seriousness of misconduct
2) Impact of the Violation of the accused
3) Effect of Excluding the evidence
What section of the charter allows for remedies other than excluding evidence
24-1