Case Law
Defines the term "Seizure"
R v Dyment
A search conducted without a warrant
Warrantless Search
The authority to search the arrested person without a warrant is derived from what common law
English common law
Section of the charter that guarantees the right to be secure from unreasonable searches and seizures.
Section 8
The first Supreme Court ruling made in respect to reasonable search under the newly instituted charter.
Hunter v Southam Inc.
search consent given by someone other than the accused
Section of the criminal code that lays out police powers in respect to exigent circumstances.
Section 529.3(1)
This level of search is generally conducted in private and involves the removal of some clothing.
Thorough search
Established circumstances involving the warrantless search of a cellphone incident to arrest
R v Fearon
an object designed to be used or intended to be used to cause injury, death, threat or intimidation.
Offensive Weapon
their search-and-seizure authority
Search incident to arrest
Strip searches need to be justified and done in private because of this Case.
R v Golden
Evident from the facts; evidence that, if not contradicted, will be sufficient to prove a particular proposition or fact
Prima Facie
Allows police officers to seize illegal items that are not related to the crime being investigated
The commission that acknowledged there are circumstances, outside of arrests, in which officers may need search and seizure powers.
The Law Reform Commission of Canada
Sets the authority that police have to conduct warrantless searches under certain circumstances
Cloutier v Langlois
R v Caslake
Agreement that negates the intrusive potential of a search and seizure activity
concurrence
The section of the province's education act that allows school authorities to search a student or locker with reasonable grounds.
Section 265(1)(a)
A person accused of a crime that believes their charter rights were infringed upon can apply for this.
Charter remedy