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Legal cases are one way that our law develops. Let's take a few minutes to look at one case to do with rights in a
Legal cases are one way that our law develops. Let's take a few minutes to look at one case to do with rights in a little more depth. Read the summary of the case R. v. Patrick, 2009 SCC17 created by the Ontario Justice Education Network. Should you need to clarify any legal terms, you may wish to use the legal dictionary.
- Do you think that Mr. Patrick had a reasonable expectation of privacy that his garbage bags would not be searched?
- Did the location of the bags matter? Would it have made a difference if the bags were on his porch or in an open garage?
- Do you agree with Justice Abella's or Justice Binney's reasoning? What privacy interest should garbage bags hold? In what way, if any, does the privacy interest change if the police suspect a criminal offence has been committed?
- If police may search a garbage bag placed at the end of the property, what else might they be allowed search?
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