The purpose of section 8 is to prevent unjustified searches before they happen, not simply to determine after the fact whether they ought to have occurred in the first place ( Hunter v. Southam, the protection of people includes corporations as legal persons. Section 8 protects people, not places, against unjustified intrusions on their privacy interests ( Hunter v. See also the following international, regional and comparative law instruments that are not legally binding on Canada, but include provisions similar to section 8 of the Charter: article 12 of the Universal Declaration of Human Rights article 11 of the American Convention on Human Rights article 8 of the European Convention on Human Rights the Fourth Amendment of the Constitution of the United States of America. The Canadian Bill of Rights contains no specific rights to privacy or to be secure against unreasonable search and seizure but section 1(a) protects a limited right not to be deprived of the enjoyment of property without due process.Ī number of international instruments, which are binding on Canada, include provisions protecting aspects of the right to privacy: article 17 of the International Covenant on Civil and Political Rights article 16 of the Convention on the Rights of the Child article 22 of the Convention on the Rights of Persons with Disabilities and article V, IX and X of the American Declaration of the Rights and Duties of Man.
668, and especially at paragraphs 77-89, 94, 99 and 108, where the court embedded privacy analysis based on section 8 considerations within analysis of a section 7 principle of fundamental justice). While privacy is a central or core concern under section 8 of the Charter, section 7 also provides residual protection for privacy interests ( R. Everyone has the right to be secure against unreasonable search or seizure.
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