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, QC

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)

Daniel Préfontaine, QC

Senior Associate Emeritus

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