CAPCJ / ACJCP

Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

SECTION 8-THE DOCTRINE OF ABANDONMENT

R. v. Keshavarz, 2022 ONCA 312, April 21, 2022, at paragraphs 42 and 46:

Section 8 of the Charter – “the right to be secure against unreasonable search or seizure” – is a personal right; one that protects people, not places… Even where an accused is found to have had, at one point, a reasonable expectation of privacy in the subject matter of the search, abandonment marks the point in time at which the accused ceased to have that expectation of privacy… Accordingly, a pre-existing reasonable expectation of privacy will give way where, bearing in mind all of the circumstances, a person acts in a way that would lead “a reasonable and independent observer to conclude” that the person has ceased to assert any privacy interest in the subject matter of the claim: see Patrick, at paras. 20, 25. And, where the person is found to have ceased to assert a privacy interest in the subject matter of the claim, that person is without standing to raise a s. 8 claim.