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Privacy in peril : Hunter v Southam and the drift from reasonable search protections / Richard Jochelson and David Ireland.
Bibliographic Record Display
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Title:Privacy in peril : Hunter v Southam and the drift from reasonable search protections / Richard Jochelson and David Ireland.
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Author/Creator:Jochelson, Richard, 1973- author.
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Other Contributors/Collections:Ireland, David, 1974- author.
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Published/Created:Vancouver, BC : UBC Press, [2019]
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KE9270 .J634 2019
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Number of Items:1
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Status:Available
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Location:RBSC ASRS - (Confirm availability: email rare.books@ubc.ca) Where is this?
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Call Number: KE9270 .J634 2019
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Searches and seizures--Canada.
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Description:vii, 235 pages ; 23 cm
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Series:Landmark cases in Canadian law.
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Summary:"In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter. Police would henceforth require authorization based on "reasonable and probable grounds." The decision promised to protect individuals from encroaching state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. A close examination of dozens of post-Hunter cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the court has used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Dickson's vision for section 8 rights have been diminished in an era of heightened security and expanding police powers, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century."-- Provided by publisher.
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Additional formats:Issued also in electronic format.
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Notes:Includes bibliographical references and indexes.
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ISBN:9780774862578 hardcover
0774862572 hardcover
9780774862585 paperback
0774862580 paperback
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Contents:Dickson's Decision: The Supreme Court as Guardian of the Constitution
The Threshold Test: A Reasonable Expectation of Privacy
Lowering the Bar: The Supreme Court's Failure to Maintain the Standards
Expanding Search Powers: Incident to Arrest and Exigent Circumstances.