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The Criminal Code (French: Code criminel) is a law of the Parliament of Canada that codifies most criminal offences and procedures in Canada. Its official long title is An Act respecting the Criminal Law (French: Loi concernant le droit criminel ).
R v Feeney, [1997] 2 S.C.R. 13 is a leading decision of the Supreme Court of Canada on the right, under section 8 of the Canadian Charter of Rights and Freedoms against unreasonable search and seizure. The Court held that the police are not permitted to enter into someone's house without a search warrant.
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.
The application of section 8 is not limited to the criminal context, and has become an issue in civil forfeiture litigation, with some courts holding that "exactly the same Charter principles apply to the manner in which that evidence is obtained as would be applicable in a criminal case". [13] [14]
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and ...
R v Tse, 2012 SCC 16 is a Supreme Court of Canada decision regarding the constitutionality of warrant-less wiretaps in emergency situations. The Court found that the emergency wiretap provisions found in section 184.4 of the Criminal Code infringe on the search and seizure rights in section 8 of the Canadian Charter of Rights and Freedoms and cannot be justified as a reasonable limitation ...
In 2014, the Belgian authorities invoked the Act, in order to obtain search warrants. He contended that his cyclotron technology was the target of a legal fishing expedition. He was subject to search warrants in two different jurisdictions. A court in British Columbia endorsed his vision, while an Ontario court found in favour of the ...
R v Collins [1987] 1 S.C.R. 265 1987 SCC 11 is a leading decision of the Supreme Court of Canada on section 8 and was a leading case on section 24(2) of the Constitution Act, 1982 which allowed for the exclusion of evidence upon infringing the Charter.