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Section 8 of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance. Under the heading of legal rights, section 8 states: Any property found or seized by means of a violation of section 8 can be excluded as evidence in a trial under section 24(2). == Reasonable expectation of privacy == Section 8 does not apply to every search or seizure. Rather, the right focuses on the action being unreasonable on the basis that it violates the expectation of privacy that a reasonable individual would have. The driver of a motor vehicle normally has a reasonable expectation in the contents of that vehicle, although that same expectation does not necessarily extend to the passenger of a vehicle who is not the owner. Likewise, a visitor to a dwelling house does not enjoy the same expectation of privacy as a permanent occupant. A reasonable expectation of privacy generally exists in a hotel room, although the expectation of privacy in a hotel room diminishes in circumstances where the occupant indiscriminately invites members of the public inside. Information which does not "tend to reveal intimate details of the lifestyle and personal choices of the individual" is usually not subject to a reasonable expectation of privacy. For this reason, utility records are generally not subject to an expectation of privacy, nor are heat patterns which can be detected from outside a private building. Garbage placed at the curb for pickup is considered in law to be abandoned, and therefore fails to engage a reasonable privacy interest. In (R. v. TELUS Communications Co. ) , the Supreme Court of Canada found that the reasonable expectation of privacy protected by Section 8 of the ''Charter'' applies to modern communications technologies such as text messages, even if the data in question is located on a third-party server. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Section Eight of the Canadian Charter of Rights and Freedoms」の詳細全文を読む スポンサード リンク
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