In 1984, the Supreme Court of Canada, in Hunter v Southam, declared
warrantless searches unreasonable under section 8 of the Charter of
Rights and Freedoms. Police would henceforth require authorization
based on "reasonable and probable grounds." The decision promised
to protect individuals from state power, but as Richard Jochelson
and David Ireland argue, post-Hunter search and seizure law took a
turn away from the landmark decision. An examination of dozens of
post-Hunter cases reveals that Justice Dickson's vision has been
diminished in an era of heightened security and expanding police
powers.
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