In Canada, the reasonable expectation of privacy is a legal concept that is protected by s. 8 of the Canadian Charter of Rights and Freedoms. This section guarantees the right to be secure against unreasonable search or seizure.
The Supreme Court of Canada has defined the reasonable expectation of privacy as “the normative standard which society would recognize as reasonable” in a particular situation. This standard is based on an assessment of whether an individual has a subjective expectation of privacy that is objectively reasonable in the circumstances.
The Supreme Court of Canada has held that the determination of whether an individual has a reasonable expectation of privacy in a particular situation depends on the totality of the circumstances, including:
- The nature of the subject matter of the alleged search or seizure;
- The claimant’s subjective expectation of privacy; and
- Whether the claimant’s subjective expectation of privacy is objectively reasonable.
Overall, the concept of reasonable expectation of privacy is an important principle in Canadian privacy law and is used to determine the scope of privacy protections under the law.
The lawyers at Lockyer Zaduk Zeeh have a wealth of experience dealing with Charter issues. This includes unlawful arrests; searches of homes, vehicles, and wiretap investigations; and right to counsel issues. If you or someone you know has been charged because of a search warrant, please give us a call at 416-613-0416 to schedule a consultation.