Time Line
April 13th 1982 marked the date the search of South was authorization by this man
Who is Lawson Hunter?
The judge ruled in favour of
What is Southam Inc.?
The case of Hunter vs. Southam was the first time the Courts had to consider this Act of Parliament
What is the Constitution Act?
A warrant must be issued at this time in relation to a search
What is before the search?
After Hunter authorized the search, this was the next significant event in the timeline of the case
What is the certification of Hunter's authorization by Dr. Frank Roseman?
The usual form of prior authorization as a prerequisite for a search
What is a warrant?
This is what Hunter authorized the Combines Investigation Officers to do to Southam's premises
What is to enter and examine?
A warrant must be granted by someone who is capable of acting in this way
What is Judicially?
This was proclaimed following Hunter's authorization for the search of Southam's premises and it's certification by Dr. Frank Roseman
What is the Constitution Act?
Warrants are a consistent prerequisite for a valid search as it places this on the state to demonstrate the superiority of it's interest over that of the individual
What is the onus?
It was from this guaranteed right, according to the Canadian Charter of Rights and Freedoms, that Southam formed their basis to argue against the actions of the Combines Investigation Act investigators
What is section 8, protection against unreasonable search and seizure?
A search without a warrant is unreasonable; therefore meaning that the onus is on ____ to prove that a warrant is reasonable
What is the State?
South filed this in an attempt to halt the search
What is an Interim Injunction?
All warrantless searches are considered this as a result of the Hunter Standard
What is prima-facie unreasonable?
This is the standard for a justice to issue a warrant authorizing a search
What is reasonable and probable grounds?
This is what a person issuing a warrant must be presented with when considering issuing a warrant
What is sworn evidence?
On this date, the search began at the Southam location in Edmonton
What is April 20th 1982?
These sections of this former piece of Canadian legislation was deemed unconstitutional as a result of the implication of the Hunter Standard
What are sections 10(1) and 10(3) of the Combines Investigation Act?
Along with determining the constitutional validity of a statute authorizing search and seizure, the Courts also had to determine this
What is the definition of unreasonable under s.8 of the Constitution Act?
A person issuing a warrant must have reasonable and probable grounds that this is present at the site of the search in order to issue the warrant
What is Evidence?