Section 8 protects against unreasonable search or seizure. A criminal case may require separate analysis of whether there was a search, whether the person had a reasonable expectation of privacy, what authority justified the search and what remedy follows if a Charter breach is established.
Primary legislation and official process sources checked October 5, 2026. Criminal law and court procedure can change; verify the current source before relying on a provision or deadline.
Reasonable expectation of privacy
Charter protection depends in part on the privacy interest engaged by the state action.
- home
- vehicle
- phone or digital account
Warrants and judicial authorization
Many searches rely on prior judicial authorization based on sworn grounds meeting the statutory standard.
- search warrant
- information to obtain
- scope of authorization
Warrantless searches
Some recognized powers permit searches without a warrant, but each has limits tied to its legal justification.
- search incident to arrest
- exigent circumstances
- consent
Digital searches
Phones, computers, cloud accounts and location data can engage strong privacy interests and specialized warrant questions.
- device search
- account data
- location information
Section 24(2) remedy
A Charter breach does not automatically end a prosecution. The court may be asked to exclude evidence under the constitutional test governing admission.
- Charter application
- causal and temporal connection
- exclusion analysis
Official and authoritative sources
- Justice Canada — Canadian Charter of Rights and Freedoms
- Justice Canada — Criminal Code
- Nova Scotia Legal Aid — Criminal Law Resources