Manner of Search
| This page was last substantively updated or reviewed January 2016. (Rev. # 83220) |
General Principles
Where persons other than the accused have their privacy invaded during the search will be a factor in considering the reasonableness of the search.[1]
The manner of search must be reasonable.[2] The "manner" of search refers to the "physical way in which [the search] is carried out."[3]
- Disruptive Searches
Once an item has been searched and determined not to be relevant, "it should be returned to where it was found.”[4]
The "deliberate and unnecessary damage to property" and "deliberate and unnecessary disorder and disarray" of property may produce a breach of s. 8 of the Charter of Rights and Freedoms.Cite error: Closing </ref> missing for <ref> tag
Section 25 intends to constrain police conduct "by the principles of proportionality, necessity and reasonableness".[5]
Regarding the use of force with respect to sentencing see State and Police Misconduct.
- ↑
R v Silveira, 1995 CanLII 89 (SCC), [1995] 2 SCR 297, per La Forest J in dissent, at paras 47 to 48
- ↑ Hunter v Southam, 1984 CanLII 33 (SCC), [1984] 2 SCR 145, per Dickson J
- ↑
R v Hamilton, 2014 ONSC 447 (CanLII), 65 MVR (6th) 239, per MacDougall J, at para 100
R v Debot, 1986 CanLII 113 (ON CA), 30 CCC (3d) 208, per Martin JA, at para 6
- ↑
R v Thompson, 2010 ONSC 2862 (CanLII) (working hyperlinks pending), per Code J, at para 74
- ↑ Davis, ibid.
Strip Searches
Timing of Search
A search must be commenced within the time period specified by the warrant, but it need not conclude within the period specified in the warrant as long as it it completed "without unreasonable delay".[1]
- ↑
R v Woodall, [1993] OJ No 4001 (ONCA)(*no CanLII links)
R v Butters, 2014 ONCJ 228 (CanLII), 311 CCC (3d) 516, per Paciocco J, at para 46