This paper examines the development of a myriad of investigative techniques subsequent to the enactment of s. 487 of the Criminal Code, which has resulted in a number of significant judicial pronouncements on the scope of section 8 of the Canadian Charter of Rights and Freedoms and, in turn, parliamentary response. The paper outlines how this dialogue between the courts and the legislature has resulted in a proliferation of search provisions in the Criminal Code. Unfortunately, this has also resulted in a complex labyrinth of provisions containing confusing, often contradictory, requirements and logical inconsistencies. The paper details a number of significant examples, and concludes by suggesting ways some of the search provisions in the Criminal Code could be reorganized or rewritten.
"Twenty-Five Years in Search of a Reasonable Approach."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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