Search and Seizure

So, searching and seizing, as far as you’re concerned, is what falls under section 8 of the Charter of Rights and Freedoms. Section 8 gives you the right against arbitrary search and seizure.

So, the police might be searching your car and taking a physical object, or they might be searching your computer and taking data.

In all events, if there’s no prior judicial authorization then the search is considered unreasonable on its face and the crown will ultimately have to prove that the search was reasonable and it’s my job to ensure that any evidence that was taken is excluded for not being reasonable.