This book provides a framework for answering two questions. First, it looks at what constitutes an unreasonable search or seizure under section 8 of the Canadian Charter of Rights and Freedoms, which guarantees that everyone has the right to be secure against unreasonable search and seizure. Second, it examines what the appropriate legal and evidentiary consequences are when an unreasonable search or seizure occurs.
The book delivers a problem-solving approach, applicable to every question of reasonableness, by identifying the general rules that apply to all searches and then identifying the exceptions to the general rule and the rationale for those exceptions (to assist the reader in understanding how to carve out new exceptions or show analogous concerns for maintaining the status quo). Each chapter of the book addresses a different topic essential to understanding the protections guaranteed by section 8 and how to establish a breach of those protections.

Susanne Boucher was called to the Bar of Ontario in 1998 and is counsel for the Department of Justice Canada, Ontario Regional Office. She is a trial and appellate lawyer, prosecuting criminal cases primarily under the Criminal Code, Controlled Drugs and Substances Act, Copyright Act, Radiocommunication Act, and Income Tax Act. She has written several articles on criminal law and prosecution topics and has lectured at prosecutors` seminars and training seminars for investigative agencies.

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Kenneth Landa was called to the Bar of Ontario in 2002 and is currently pursuing his Masters of Laws at the University of Toronto. His primary area of study is solicitor-client privilege and the regulation of the legal profession. Prior to entering graduate study, he practised corporate law in Toronto.

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