Jamilla Omar 100907820

April 3, 2023
GNED 1308

Search and Seizure in Canada

Introduction
I decided to choose unreasonable search and seizure. Everyone has the right to privacy and not
be unreasonably searched. But that doesn’t reframe from authorities to conduct searches, they
just need have the proper warrants and the search needs to fall under certain factors. This right
is under Section 8 of the Canadian Charter.

Case
Case Citation: R. v. Edwards, 1996 CanLII 255 (SCC), [1996] 1 SCR 128
Summary: This is focused on a person who was convicted of the possession of drugs for the
purpose of trafficking. He was suspected of keeping drugs at his girlfriend’s apartment and
dealing them out of his car. An officer arrested him on a traffic offence.
Outcome: The appeal was dismissed with a dissenting opinion. There was no infringement of
his rights, since the search was found to be reasonable.

Video Links:
#1: https://www.youtube.com/watch?v=91wRfEn-Tjg
Comment: This video is a lawyer giving his perspective and what ‘unreasonable search and
seizure’ mean in a courtroom. He gave examples of what to help better understand. There was
also information about how a defense lawyer can attack the case to figure out if the search was
reasonable or not.
#2: https://www.kruselaw.ca/video/cell-phone-searches-in-canada.cfm
Comment: This video is explaining cell phone searches. According to the video, police don’t
have the right to search your phone once you’re arrested. Under the Charter, a person has the
right to privacy when it comes to their phone. The only way an officer can search through your
phone is if you consent and/or there’s a warrant.
#3: https://www.farjoudlaw.com/resources/search-warrants/
Comment: This video explains what a warrant is and what it does. There’s a short clip of officers
executing a search warrant. A warrant is when a judge gives officers permission to search a
person, their place, or conduct any evidence they need for their case.
Websites/Articles:
#1: https://www.kruselaw.ca/video/unreasonable-search-and-seizure.cfm
Comment: This is a law firm website. The website is explaining and going more into detail of
what unreasonable search and seizure is about. They gave examples like, the police need
reasonable probable cause to search your house and how the police can’t search you when
you’re just walking down the street. They also gave advice that you should hire a competent
lawyer to help make sure that the grounds for the search were reasonable.
#2: https://www.theglobeandmail.com/canada/british-columbia/article-bc-to-table-
legislation-allowing-agency-to-seize-individuals-assets/
Comment: This is a news website. On the website, it is described how British Columbia is
planning to introduce legislation to simplify the government's ability to seize property from
people who haven't been charged or convicted.
#3: https://www.cbc.ca/news/politics/supreme-court-canada-sexual-assault-1.6752113
Comment: This is a news website that about a case of search and seizure. Canadian Supreme
Court rules diplomatic immunity doesn't protect former Canadian Forces corporal from search
and seizure that led to his voyeurism and sexual assault convictions. 
Images
#1: https://canadaalive.wordpress.com/2013/02/25/the-canadian-charter-of-rights-and-
freedoms/

Comment: I chose this image because it shows the police searching someone. It seems that the
police have reason to believe that this person has something on them, so the search is probably
reasonable.
#2: https://www.cbc.ca/news/canada/manitoba/search-warrants-manitoba-1.4284574

Comment: I chose this image because its showing officers executing their search warrant.
Without a warrant, officers would not be able to search the property. On the article though,
there seems to be warrants that have been signed off without there being enough evidence.
#3: https://affordabledefence.com/practice-areas/ottawa-search-seizure/

Comment: I chose this image because its showing a officer trying to search a car. No matter
what, unless an officer has reasonable cause for a search, they cannot go through with it.

Conclusion: I think what most surprised me was that officers don’t have the right to search
through your phone without a warrant and consent. It was interesting to find out the different
things officers can’t search and what they need warrants for to conduct the search. I’m most
likely to remember all the different ways citizens have to their own privacy under the law.
 References

1 in 7 Manitoba search warrants in study has serious flaws. (2017, September 21). CBC.

https://www.cbc.ca/news/canada/manitoba/search-warrants-manitoba-1.4284574

Alive, C. (2013, May 18). The Canadian Charter of Rights and Freedoms. Canada Alive!

https://canadaalive.wordpress.com/2013/02/25/the-canadian-charter-of-rights-and-

freedoms/

Cell Phone Searches In Canada. (n.d.). [Video]. Kruse Law Firm.

https://www.kruselaw.ca/video/cell-phone-searches-in-canada.cfm

Defence, A. (2022, January 17). Affordable Search & Seizure Defence Lawyers Ottawa |

Affordable Defence. Affordable Defence.

https://affordabledefence.com/practice-areas/ottawa-search-seizure/

Farjoud, A. (2017, February 3). Search Warrants: Answers to FAQ on Police Raids & Search

Warrants [Video]. Farjoud Law – Toronto Criminal Lawyer.

https://www.farjoudlaw.com/resources/search-warrants/

Kruse Law. (2019, April 30). Unreasonable Search and Seizure [Video]. YouTube.

https://www.youtube.com/watch?v=91wRfEn-Tjg
 R. v. Edwards, 1996 CanLII 255 (SCC), [1996] 1 SCR 128,

Unreasonable Search and Seizure. (n.d.). Kruse Law Firm.

https://www.kruselaw.ca/video/unreasonable-search-and-seizure.cfm

Woo, A. (2022, November 22). B.C. to table legislation increasing ease of government to seize

individuals’ assets without being charged. The Globe and Mail.

https://www.theglobeandmail.com/canada/british-columbia/article-bc-to-table-

legislation-allowing-agency-to-seize-individuals-assets/

Zimonjic, P. (2023, February 17). Supreme Court says diplomatic immunity does not shield

soldier from search that led to sex assault conviction. CBC.

https://www.cbc.ca/news/politics/supreme-court-canada-sexual-assault-1.6752113