PUBLICATIONS
October 1, 2001
Implementing International Standards in Search and Seizure: Striking the Balance Between Enforcing the Law and Respecting the Rights of the Individual
Access to Justice / Justice Efficiency
Implementing International Standards in Search and Seizure: Striking the Balance Between Enforcing the Law and Respecting the Rights of the Individual
DATE
October 1, 2001
AUTHORS
Daniel Préfontaine, KC
YEARS
2001
POLICIES
Access to Justice / Justice Efficiency
Implementing International Standards in Search and Seizure: Striking the Balance Between Enforcing the Law and Respecting the Rights of the Individual
It is a fundamental principle of the rule of law and a necessary part of a democracy that the citizens of a nation must be protected from unjustified intrusions of privacy and property by agents of the state. Otherwise, arbitrary actions by state officials could seriously affect the personal freedom of the individual as a fundamental aspect of a free and democratic society. The focus of the paper will be on the Canadian and American experience, with some references made to the European situation. Commentary is limited to the topic of Search and Seizure and the remedies that have been provided for in the various jurisdictions when the police or investigating bodies have exceeded or abused their responsibilities.
DOCUMENTS (1)