Authors: Justice Karen Molle and Heather Ferg

Reviewing and challenging search and seizure orders is a time consuming and multi-step process. Due to the evolving nature of privacy jurisprudence, even some of the simplest cases can raise extraordinarily complex legal issues. This paper discusses the processes for reviewing orders, identifying legal issues, and crafting viable Section 8 challenges. It explores practical aspects of evaluating search cases and identifying the questions relevant to the issues that matter.

This paper is part of a collection presented at LESA’s Search & Seizure and Digital Spaces program in Edmonton on September 22, 2023.