In Canada, and as protected by section 8 of the Canadian Charter of Rights and Freedoms, everyone has the right to be secure against unreasonable search and seizure. This is not a protection of your property, but instead this right revolves around the protection of your privacy.
Reasonable Expectation of Privacy
Section 8 of the Charter acts as a protection from unreasonable searches. This means that you are only protected from searches where you have what is known as a reasonable expectation of privacy. While this may seem straightforward, lawyers and judges have been debating what this actually entails since the Charter was first enacted in the 1980s.
Generally, however, searches of items that you are carrying or belong to you typically attract a reasonable expectation of privacy. Examples generally include:
- Bags
- Wallets
- Computers
- Diaries
- Business and financial records
If you lose or abandon these items, however, you will likely lose this expectation of privacy. For example, the Supreme Court of Canada found that you will lose your expectation of privacy of your own garbage bags if they are put out for collection, even if they are still waiting on your own property.
Searches of your Person
A search of your person is generally considered an invasion of your bodily integrity. Police are empowered to conduct a search during arrest, but police are restricted to searching for purposes related to the arrest and/or officer safety.
Searches of your Home
In general, police cannot search your home without a warrant. With that said, police are allowed to knock on your door in order to communicate with you and are also able to enter a home to ensure the safety of the occupants within it. While they may only intrude to the extent necessary, the may seize evidence that they see in plain sight. Police are also able to observe your property from conventional vantage points, such as from a public road.
Searches of your Vehicle
A driver of a vehicle will generally have an expectation of privacy, although a passenger riding in the vehicle may not. With that said, police can generally seize items in plain sight and may search for evidence if they are already investigation a crime. This can be a very technical area of law, however, and whether or not a police search of your vehicle is legal will depend largely on the facts of the situation.
Police may also require the driver of the vehicle to provide their drivers license, which is something you may have experienced if you have been pulled over before. In general, the passengers of the vehicle do not have to provide their identification, however.
What You Can Expect
Your right to be free of search and seizure is extremely important. If you have been subject to a police search or seizure, you can contact our office at 780-686-7948 to discuss the incident in further detail.