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Privacy in Peril: Hunter v Southam and the Drift from Reasonable Search Protections (Landmark Cases in Canadian Law)

Privacy in Peril: Hunter v Southam and the Drift from Reasonable Search Protections (Landmark Cases in Canadian Law)

Current price: $103.75
Publication Date: November 1st, 2019
Publisher:
University of British Columbia Press
ISBN:
9780774862578
Pages:
244
Special Order - Subject to Availability

Description

In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter of Rights and Freedoms. Police would henceforth require authorization based on “reasonable and probable grounds.” The decision promised to protect individuals from state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. An examination of dozens of post-Hunter cases reveals that Justice Dickson’s vision has been diminished in an era of heightened security and expanding police powers.

About the Author

Richard Jochelson teaches in the Faculty of Law at the University of Manitoba and is the author of several books on police powers and sexual regulation. After articling at the Alberta Court of Appeal and Court of Queen's Bench, he worked at one of Canada's largest law firms. David Ireland teaches criminal law and evidence at the Faculty of Law at the University of Manitoba and is the director of the Robson Hall Innocence Clinic. He was called to the Manitoba bar in 2011 and has practiced criminal law as both defense counsel and a prosecutor.