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McMaster University
Political Science
Greg Flynn

6Search and Seizure1Section 8aEveryone has the right to not be subject to unreasonable search and seizure2Who can claim benefitaEveryone bCorporationsunlike section 7 corporations can claim section 8 in a positive sense they can have property or assets seized by the stat and also have privacy rights3Limitations of Section 8aSection 33 notwithstandingbSection 1 if its reasonably justifiablecSection 8 4DefinitionsaSearchiAn examiniation by agents of the state a personsbSeizureIf the police didnt seize anything from you they could charge you and then continue to search youThe actual taking away by the agents of the state as evidenceLinked to search for investigatory or evidentiary purposesNo general property rightsthRV Becker 1983 148 DLR4 539Arguing state did not have ability to seize his property he lost not a violation of section 8Limited to things not persons5 PRIVACYR v Plant 1993 3 SCR 281R v Buhay 2003 1 SCR 631R v Dersch 1993 3 SCR 768Reasonable expectation of privacyR v Stillman 1997 1 SCR 607R v Law 2002 1 SCR 227oLaws owned a restaurant that got broken into and the robbers could not open the safe so they took it with them Laws reported the theft and found the safe abandoned in the field and in the safe were the business records of the restaurant and nothing else Laws thought that the business records revealed that they had been defrauding the government on the basis of the GST Police took the business records and gave them to Revenue Canada Revenue Canada charged the Laws to failure to report and the taxes that were owed to Revenue Canada Supreme Court held that it was an illegal seizure of evidence The Police should have asked whether they should submit the record to Revenue Canada first R v Arp 1998 3 SCR 339
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