Innocence at stake : Possibility of DNA collection from arrestees in Canada

Electronic copy available at: reasonableness of a particular search may be made under s.8 of the Charter – firstly, the constitutionality of the legislation that authorizes the search; secondly, the reasonableness of the search itself that was carried out under a constitutionally valid statute.7 This essay will examine both – the constitutionality of a potential le [...] He states, Consideration of such factors as the nature of the information itself, the nature of the relationship between the party releasing the information and the party claiming its confidentiality, the place where the information was obtained, the manner in which it was obtained and the seriousness of the crime being investigated allow for a balancing of the societal interests in protecting ind [...] This control and ownership reinforces a strong reasonable expectation of privacy as mentioned in R v. Belnavis.28 However, the court also clarified that the idea of the right to privacy is not necessarily tied to property, but rather the basic requirement of individual freedom obliges the state to respect the dignity, autonomy and integrity of the individual.29 The degree of privacy, which the law [...] The most comprehensive test to determine the reasonableness of a search without a warrant but mandated by a statute can be found in R v. Tessling, in which the Supreme Court of Canada was asked to determine whether the reasonable expectation of the privacy of Mr. [...] Since, first three of the four prongs of the Tessling test and the factor (g) of the 4th prong (objective reasonableness) were discussed earlier in determining the existence of a reasonable expectation of privacy, instead of being repetitive, this analysis will only focus on the other 39 Point to be noted that to make this test more relevant to the discussion of this paper, the word “FLIR” is repl