The store owner went through my daughter's backpack looking for
more stolen property. Did he have the right to do that?
Probably
not. The arrest of a citizen by another citizen is seen as a government
function to which the Canadian Charter of Rights and Freedoms
applies. Section 8 of the Charter provides that everyone
has the right to be secure against unreasonable search and seizure.
Even if the store owner had seen your daughter put goods into her
backpack, he should probably wait until the police arrive. The police
have a wider discretion as to whether they can search the backpack.
WARNING:
The contents of these FAQs are intended as general legal information
only.
If
you have a personal problem, please consult a lawyer.
April
2000
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