Confusion and Dangers in Lowering the Hunter Standards

Document Type

Article

Publication Date

2008

Keywords

R v Hunter, R v Brown, R v MA, Supreme Court of Canada, Sniffer Dogs, Searches, Police Investigation, Charter of Rights and Freedoms

Abstract

In R v Brown and R v M(A) the Supreme Court has unanimously rejected the American notion that the use of sniffer dogs is not a search at all. Instead, the Court is willing to accept that even minimally intrusive, directed police investigation techniques and tools are subject to Charter scrutiny. However, there is much less clarity around the issue of when such a search might be permissible.

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