Article Title
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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