Search
Not every form of examination constitutes search. A search within the meaning of section eight is determined by whether the investigatory technique used by the state diminishes a person's reasonable expectation of privacy. The focus of analysis is upon the purpose of the examination. A police officer who compels someone to produce their licence would not be invasive enough to constitute a search (R. v. Ladouceur, ). Equally, an inspection of the inside of a car is not a search, but questions about the contents of a bag would be. (R. v. Mellenthin ) It has also been ruled that the use of a police dog as a means to gain probable cause to search is also in itself a violation of Section 8, and that other factors must be present before a police dog can be used and a search executed. (R. v. A.M., R. v. Kang-Brown )
Read more about this topic: Section Eight Of The Canadian Charter Of Rights And Freedoms
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