R. v. Stairs and our Imperiled Privacy - Matt Reimer
It has been a bumpy road for individual privacy rights in recent years. Ever since Hunter v. Southam [“Hunter”], intrusive law-enforcement actions have been justified by the Supreme Court of Canada (SCC) in many unforeseen circumstances. Dr. Richard Jochelson and Professor David Ireland’s book, Privacy in Peril, covers those relevant cases.
Exigent Circumstances: The Demand for Fiercer Protection of Privacy Interests - Brittney Macht
Privacy and Peril: Hunter v Southam and the Drift from Reasonable Search Protections (“Privacy in Peril”) provides readers a thorough understanding of how integral the case of Hunter v Southam is in establishing a base line of the scope of s 8 search and seizure rights, and more specifically, the thresholds that need to be passed to justify searches and seizures of such. As the Court noted here, warrantless searches are presumptively unreasonable.
“Where is the Framework?”: A Criticism of Investigative Detention in Canada - Robert Johnstone
Investigative detention has consistently proved troubling for Canadian courts when attempting to regulate and contain its idiosyncratic applicability. Founded on the pre-existing power of detention and amongst the historic backdrop of American caselaw, it must be acknowledged that the deployment of this notion has been influential in evolving the relationship between police powers and individual liberty.
The Information Age - Harrison Gray
The age of smartphones has brought many improvements to the average person throughout Canada. The ability to have a wealth of information in your pocket, at any given time, has allowed for improvements throughout the day-to-day life of many across the country. The answers to everyday questions have become readily accessible and have allowed efficiency in dealing with everyday problems.
Modifications to the Standard for Warrantless Searches Incident to Arrest - Anonymous
A decision coming from the Supreme Court of Canada decided just last week, R. v. Stairs, 2022 SCC 11, has had the effect of modifying the previous standard required of police officers when they conduct searches incident to arrest.The majority of the SCC reiterates that the common law standard for searches incident to arrest continues to apply in situations where the police are searching an area of the home that is within the arrested individual’s physical control.
