https://padlet.com/leahsavv/tgxaetx6qndb02k6 Assignment 2 - Leah Savard and Avery Mcdonald. The chosen topic is The Constitution and The Canadian Charter of Rights and Freedoms - Search and Seizure. en-us 2022-11-03 18:32:55 UTC 2026-01-14 19:43:41 UTC hello@padlet.com leahsavv https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2368996660 This is an episode of a web series, in which Kayla Lee elaborates on a Canadian court case R v Okemow. The evidence found on the location of Okemow, who had committed an indictable offence, was a digital text message. Although Okemow was residing in a private residence, search and seizure was still conducted with digital evidence. This case puts digital and physical privacy into question when conducting a search and seizure. ]]> 2022-11-03 18:50:25 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2368996660 leahsavv https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2394459611 In this video, lawyer Mike Kruze gives some insight on what is considered reasonable versus unreasonable search in Canada. He covers what may be considered reasonable grounds, which police need to conduct a search. He also covers the application process of the omission of evidence found during an unreasonable search since evidence found unreasonably is a breach of privacy. Kruze reiterates that citizens right to privacy is important to exercise in our democratic society. ]]> 2022-11-22 16:57:08 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2394459611 leahsavv https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2394469556 This link will direct to section 8 search and seizure Charterpedia, provided by the Canadian government. This resource reviews the Charter, providing the purpose of each section, considerations related to, as well as case analysis. The headings and subheadings allow for easy dissection of information from this very thorough webpage. Section 8 specifically ensures the protection against unreasonable search and seizure for all Canadians.]]> 2022-11-22 17:05:43 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2394469556 leahsavv https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2394477856 The video above is a case summary on R. v. Patrick, 2009 SCC 17. It was deemed that section 8 of the charter does not apply to garbage left at the curb. Although one has an expectation of privacy for their own belongings, garbage left at the curb for disposal does not uphold the same expectation since it is seen as “abandoned”. ]]> 2022-11-22 17:12:26 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2394477856 averymcdonald1 https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398191153 This Charterpedia link directs to section 24(2), Exclusion of Evidence. This section is commonly referred to hand in hand with section 8. If section 8 search and seizure rights are found to be infringed upon, the evidence in a case may be excluded, pursuant to section 24(2). ]]> 2022-11-25 18:15:56 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398191153 averymcdonald1 https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398680742 This article, provided by the Canadian Civil Liberties Association, has a list of recent Canadian cases, all which handle the subject of search and seizure regarding cellular phones. If one is arrested, then their personal cell can be searched if there is reason to believe evidence regarding the cause of their arrest may be found on the device. The expectation of privacy can be argued since cell phones may contain personal and private information which does not involve the arrest. To limit any infringement, a reason and time spent on the cell search must be provided by police. ]]> 2022-11-26 17:27:30 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398680742 leahsavv https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398709972 https://www.cbc.ca/news/canada/drug-sniffing-dog-searches-ok-on-reasonable-grounds-1.1870550
Police search dogs are effective in sniffing out evidence, including illicit substances which humans are not able to. A search cannot be conducted with search dogs if there are not reasonable grounds to do so. ]]> 2022-11-26 18:42:00 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398709972 averymcdonald1 https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398833815 https://ccla.org/our-work/privacy/search-seizure/
For some time the expectation of privacy around cell phones and personal electronics was a grey area in the law. Cases like R. v. Marakah, 2016 defined how searches are to be conducted on personal devices, as well as the expectation of privacy around them. R. v. Marakah, a case where Marakah had been found guilty of indictable offences, had also been texting the plans to a recipient. Marakah had argued that his expectation of privacy and his section 8 rights were infringed upon once a search was conducted on the text recipients phone. The judge determined that once one sends a text message, the recipient can chose to do what they wish with the messages. This means that the sender cannot have an expectation of privacy once the messages are in the recipients phone. ]]> 2022-11-27 02:20:16 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398833815 averymcdonald1 https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398841691 https://supremeadvocacy.ca/2020/11/17/criminal-law-border-searches-personal-electronic-devices/

Search and seizure at the border applies differently than during regular circumstances. Because one is expecting to be inspected while crossing, the expectation of privacy of a reasonable person is to be lower than if they were carrying about regular life. ]]> 2022-11-27 02:52:14 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2398841691 leahsavv https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2399337741 Uploaded as a PDF, since it was done in Google Docs.]]> 2022-11-27 22:08:05 UTC https://padlet.com/leahsavv/tgxaetx6qndb02k6/wish/2399337741