cover image: b - Racial P c rofilin a g - MOVING TOWARD A

20.500.12592/02v72r0

b - Racial P c rofilin a g - MOVING TOWARD A

7 Sep 2023

756: “Electronic surveillance is the greatest leveler of human privacy ever known.” If the state may arbitrarily record and transmit our private communications, it is no longer possible to strike an appropriate balance between the right of the individual to be left alone and the right of the state to intrude on privacy in the furtherance of its goals, notably the need to investigate and combat cri. [...] Objectively Reasonable Expectation of Privacy The objective reasonableness of an expectation of privacy in information must take into account the “totality of the circumstances” of each particular case.32 It will depend on numerous factors, including the nature and quality of the information gathered as well as the circumstances of the gathering. [...] stated: The purpose of a requirement of prior authorization is to provide an opportunity, before the event, for the conflicting interests of the state and the individual to be assessed, so that the individual’s right to privacy will be breached only where the appropriate standard has been met, and the interests of the state are thus demonstrably superior. [...] That test has been articulated by the Court as follows: The interference with liberty must be necessary for the carrying out of the particular police duty and it must be reasonable, having regard to the nature of the liberty interfered with and the importance of the public purpose served by the interference.61 In a recent decision involving the monitoring of electricity usage flowing into a home b. [...] A.), a search will be found to have been authorized by law if (1) it “fell within the general scope of the duties of a police officer under statute or common law”, and (2) the “interference with liberty [was] necessary for the carrying out of the particular police duty and … [was] reasonable, having regard to the nature of the liberty interfered with and the importance of the public purpose served.
Pages
79
Published in
Canada