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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.

Justin Marchand

Justin practices in all areas of criminal law, but focuses on drinking and driving allegations. His approach to many DUI cases is to take a dispassionate look at initial disclosure. Ultimately, he will comprehensively review the case and situation, with a view to explaining the options to a client. He often exposes errors in police investigations, warrants, or just plain intrusive investigations.

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