R v Orlandis-Habsburgo

Document Type

Response or Comment

Publication Date

2017

Keywords

Charter, Unreasonable Search and Seizure, Reasonable Expectation of Privacy, Charter Remedies, Exclusion of Evidence

Abstract

Justice Doherty's decision in Orlandis-Hapsburgo is a thorough and valuable discussion of reasonable expectation of privacy principles, which not only reviews existing principles but also highlights some issues which have occasionally become ambiguous in recent decisions. This is particularly true of his discussion of the normative nature of the analysis: because this is an underlying approach to the right rather than any particular step, it is easily lost sight of.

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