Introduction to Search and Seizure: Difference between revisions
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== Preface == | == Preface == | ||
This text was written as a reference | This text was written as a reference to the law of search and seizure in criminal law. The audience for this text will be mostly criminal law practitioners, police officers, and law students, who need a convenient way to look up principles and case law. Where possible there are links to cited cases on CanLII for ease of reference. | ||
As of this writing, this text remains a work in progress. Errors and omissions should be expected | As of this writing, this text remains a work in progress. Errors and omissions should be expected, so it is always recommended that source materials be consulted to confirm their contents. | ||
==Organization of the Section== | ==Organization of the Section== | ||
This section is set out in three parts. | This section is set out in three parts. The first part covers the basic elements that make up the rules of evidence, such as the basis for accepting evidence, burdens and standards of proof, as well as shortcuts to proof. | ||
The second part | The second part covers the types of evidence the law recognizes. Specifically, oral, document or real evidence. These chapters cover the requirements for these types of evidence to be accepted into evidence, including competency of witnesses and authentication of certain types of evidence. | ||
The final part covers the many rules that limit or exclude evidence. This includes a variety of principles from opinion evidence, character evidence, hearsay, admissions, and privilege. | The final part covers the many rules that limit or exclude evidence. This includes a variety of principles, from opinion evidence, character evidence, hearsay, admissions, and privilege. | ||
==The Law of Search and Seizure== | ==The Law of Search and Seizure== | ||
The law of search and seizure arises from s. 8 of the Charter which states: | The law of search and seizure arises from s. 8 of the Charter, which states: | ||
{{ | {{quotation1| | ||
8. Everyone has the right to be secure against unreasonable search or seizure. | 8. Everyone has the right to be secure against unreasonable search or seizure. | ||
|[http://canlii.ca/t/8q7l CCRF] | |[http://canlii.ca/t/8q7l CCRF] | ||
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The interpretation of this section includes but is not limited to general notions of privacy. It expands to a general objective of limiting state power.<ref> | The interpretation of this section includes but is not limited to general notions of privacy. It expands to a general objective of limiting state power.<ref> | ||
{{CanLIIRP|Jones|hp63x|2017 SCC 50 (CanLII)|[2017] 2 SCR 696}}{{perSCC|Côté J}}{{atL|hp63x|48}}<br> | |||
{{CanLIIRP|Tessling|1j0wb|2004 SCC 67 (CanLII)|[2004] 3 SCR 432}}{{perSCC-H|Binnie J}}{{atsL|1j0wb|12| to 16}}<br> | |||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
Latest revision as of 07:04, 23 July 2024
| This page was last substantively updated or reviewed January 2019. (Rev. # 95647) |
Preface
This text was written as a reference to the law of search and seizure in criminal law. The audience for this text will be mostly criminal law practitioners, police officers, and law students, who need a convenient way to look up principles and case law. Where possible there are links to cited cases on CanLII for ease of reference.
As of this writing, this text remains a work in progress. Errors and omissions should be expected, so it is always recommended that source materials be consulted to confirm their contents.
Organization of the Section
This section is set out in three parts. The first part covers the basic elements that make up the rules of evidence, such as the basis for accepting evidence, burdens and standards of proof, as well as shortcuts to proof.
The second part covers the types of evidence the law recognizes. Specifically, oral, document or real evidence. These chapters cover the requirements for these types of evidence to be accepted into evidence, including competency of witnesses and authentication of certain types of evidence.
The final part covers the many rules that limit or exclude evidence. This includes a variety of principles, from opinion evidence, character evidence, hearsay, admissions, and privilege.
The Law of Search and Seizure
The law of search and seizure arises from s. 8 of the Charter, which states:
8. Everyone has the right to be secure against unreasonable search or seizure.
– CCRF
The interpretation of this section includes but is not limited to general notions of privacy. It expands to a general objective of limiting state power.[1]
- ↑
R v Jones, 2017 SCC 50 (CanLII), [2017] 2 SCR 696, per Côté J, at para 48
R v Tessling, 2004 SCC 67 (CanLII), [2004] 3 SCR 432, per Binnie J, at paras 12 to 16