Description
Book SynopsisThis book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.
Trade Review…it provides a thoughtful, critical counterpoint to those more practical texts. Academic and judicial libraries as well as prosecution departments and criminal law firms will find it to be a useful addition to their collections.
-- Melanie Bueckert, Legal Research Counsel, Manitoba Court of Appeal * Canadian Law Library Review *
Table of ContentsIntroduction
1 Dickson’s Decision: The Supreme Court as Guardian of the Constitution
2 The Threshold Test: A Reasonable Expectation of Privacy
3 Lowering the Bar: The Supreme Court’s Failure to Maintain the Hunter Standard
4 Expanding Search Powers: Search Incident to Arrest and Exigent Circumstances
Conclusion
Appendix: A Note on the Evidence
Notes; Bibliography; Index of Cases; Index