Lorne Neudorf, “Home Invasion by Regulation: Truckers and Reasonable Expectations of Privacy under Section 8 of the Charter”

Working Abstract

In this article, the author examines the ‘reasonable expectations of privacy’ doctrine that is used to assess the degree of privacy that can be constitutionally protected under the section 8 Charter guarantee that everyone has a right to be secure against unreasonable search or seizure by the state. Prompted by the unanimous 2010 decision of the Supreme Court of Canada in R. v. Nolet where a trucker was seen to have little expectation of privacy in the sleeping quarters of his truck’s cab, the author traces the emergence and development of the reasonable expectations of privacy doctrine in Canadian case law and reveals its use by the courts to limit the scope and application of constitutional privacy protection in Canada (particularly in the criminal law context). The author draws out the troubling implications of these developments for individual privacy and suggests alternative approaches that would better protect privacy while ensuring effective policing techniques.

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