Tuesday, January 20, 2009

Civil law triggers search and seizure rights?

Today's Court of Appeal decision in Royal Bank of Canada  v. Ren, 2009 ONCA 48 makes the point that, generally, production in the civil context, even when compelled, does not trigger Charter search and seizure rights. That does not mean such rights can never be triggered. The Court writes:

That is not to say that s. 8 rights could never be triggered in relation to these provisions. Manifestly they could be if, for example, it could be shown that an organization, such as a bank, was acting not as a private entity but as a state agent: see R. v. Buhay, [2003] 1 S.C.R. 631, at para. 25.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

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