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.

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April 2000

More Criminal Code FAQs:

• General
• Joyriding
• Shoplifting

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