CRM 308- Final Exam Guide - Comprehensive Notes for the exam ( 70 pages long!)
30 Nov 2017
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Search and seizure rights protected under section 8 of the charter. Perhaps the most important case r v. collins 1987. Collins was such an important case because, as coughlan notes, the effect of the decision is to make the laws of s and s essentially coextensive. Broadly speaking: what is not authorized by law violates the charter, and what is does not. Conclusion of this case: a warrantless search is prima facie (inherently, in and of itself) unreasonable. In warrantless search the burden shifts to the crown to establish how the search is authorized by law regardless. It activates the need for balance for the right to be free from intrusion and the state law- e(cid:374)for(cid:272)e(cid:373)e(cid:374)t i(cid:374)trusio(cid:374) . If yes: the investigation constituted a search. There is (cid:374)o (cid:862)(cid:449)hat le(cid:448)el of e(cid:454)pe(cid:272)tatio(cid:374) (cid:449)as there (cid:863). It is used in two other ways in other contexts. Many things could be thought of as crossing a threshold (page 77 examples).
