The Application of Section 8 of the Canadian Charter of Rights and Freedoms to Searches Conducted for Purposes of National Security Intelligence

This paper proposes an approach to the interpretation and application of section 8 of the Canadian Charter of Rights and Freedoms where searches by the state are effected in the course of ensuring national security, more specifically in producing national security intelligence. Having outlined the principles developed by the courts in applying section 8, it suggests that the stateâ s interest in national security is one of the highest order, resulting in it weighing heavily in balancing against individualsâ privacy interests. In the course of its examination, it describes national security intelligence and criminal investigations as different paradigms, justifying different treatments. It proposes that the Hunter v Southam standard remains available in areas where privacy stakes are the most serious, to begin to slide toward that of reasonable suspicion at earlier points than it would in criminal matters, remaining modulated by the expectation of privacy or degree of intrusion.LL.M.2019-11-06 00:00:0