R v. Grant

In Fish Cases, Offences, Search and Seizure on (Updated )

This is a non-fisheries decision that purports to provide a new analytical framework for (1) determining whether or not there has been a detention for the purpose of ss. 9 and 10(b) of the Charter; and (2) determining whether or not to exclude illegally obtained evidence under s. 24(2).

With respect to its application to fisheries cases, at paragraphs 78 and 113-14, it is similar to the fisheries case of R v. Fitzpatrick [1995] 4 S.C.R. 154 (paragraphs 49-51) with respect to its emphasis on the expectation of privacy as a matter to be considered under the s. 24(2) analysis. In particular, at stage two of the newly formulated test, expectation of privacy is one of the factors to be considered in assessing the impact of the impugned state conduct on the interest protected by the infringed charter right. Given the court’s reference to R. v. Buhay 2003, SCC 30 [link] at para. 113, it would appear that reasonable expectation of privacy is also still relevant to the issue of whether or not there has been a breach of the s. 8 right against unreasonable search a seizure.