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Essay / Case Study on Searches and Seizures in Canada - 1321
This has been a controversial subject for many years, since s. 8 of the Canadian Charter of Rights and Freedoms was activated when the Charter came into force in 1982. When a police officer approaches you because they suspect that you have something illegal or harmful in your backpack back, he is not authorized to search or seize anything without a warrant. There are pros and cons to this because under Article 7 everyone has the right to life, liberty and security. Therefore, in a negative light, if citizens do not feel safe because a person is suspicious and endangers others, the police are not allowed to intervene without authorization. a warrant to ensure that evidence does not become void in a court case, if applicable. On the positive side, if someone calls 911 and they are in trouble and the police are able to get a warrant in time to help them, it would save lives and create a more safe for society. There have been various cases where spatial privacy has been abused in different ways: telephone, Internet, etc. At this point, many agree that the law itself (section 8 of the Canadian Charter of Rights and Freedoms) may need to be updated in terms of clarifying when it is necessary for a warrant and when it is not. is not, as technology has also been updated since the adoption of the Constitution in 1982. Society's view may change after cases like R v. Tse, because the police can still invade privacy constitutionally or not. Also