Keywords
section 8, unreasonable search and seizure, reasonable expectations of privacy
Abstract
This article will examine the different conceptions of privacy that are present in the jurisprudence of s. 8 of the Canadian Charter of Rights and Freedoms. Section 8 guarantees that everyone has the right against unreasonable search and seizure. As a constitutional right, the protection covers the privacy relationship between the state and the individual. It confers privacy over information for which there exists a reasonable expectation of privacy. The article will analyze a taxonomy of four privacy conceptions present in the literature and discuss their presence in s. 8 case law. It will then examine two criticisms that arise from the philosophical foundations of these privacy conceptions and suggest a step for reform.
Recommended Citation
Chris Sewrattan, "Can You Hear Me Now? Conceptions of Privacy in Section 8" (2017) 15:1 CJLT.
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