LAWS 3908 Lecture Notes - Lecture 6: Exigent Circumstance, Police Misconduct, Strip Search
27 Nov 2016
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Reading notes: v. hornick (2002) ocoj. Legal issues: civil rights, security of the person, lawful or reasonable search, strip searches, what constitutes unreasonable search and seizure, right to privacy, expectation of privacy, canadian charter of rights and freedoms, denial of rights, remedies/exclusion of evidence. Situation: hornick and aitcheson had organized a women-only event which allowed women to explore their sexuality. Following an investigation by two female undercover police officers, several male police officers entered the premises to further investigate alleged violations of the liquor licence act. Aitcheson were subsequently charged with violations of the act. They argued that the police conduct amounted to an abuse of process and violated their rights under the charter. All of the evidence obtained at the event was excluded. They had a reasonable expectation of privacy in connection with the event. They were present at the time of the search, and had the ability to regulate access to the event.
