In search and seizure, statutory context matters

July 20, 2018

posted in: Legal Updates

The Alberta Court of Appeal has commented that an attenuated sense of privacy is a trade off accompanying the privilege of practicing a profession.  In Law Society of Alberta v. Sidhu, the Court of Appeal found regulatory matters require a more flexible approach to the application of the standard of reasonableness when reviewing an authorization for search or seizure in the course of an investigation.  In this context, the Hunter v. Southam requirements established to protect section 8 Charter rights may not be applicable and could, in some cases, interfere with the Government’s regulatory role and objective to protect the public interest.

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