Did the Seizure of Fritz’s Business Records Violate Fritz’s Charter Rights?
26. Section 8 of the Charter provides as follows: Everyone has the right to be secure against unreasonable search or seizure. 27. In R. v. Collins,23 the Supreme Court of Canada decided that the following three conditions must be met for a search to be reasonable (i.e. not “unreasonable”), as contemplated by section 8 of the Charter: (a) the search must be authorized by law; (b) the authorizing law itself must be reasonable; and (c) the search must be carried out in a reasonable manner. 28. The authorizing statute in this instance is the Act.24 29. Fritz has not argued that the authorizing statute (i.e. the specific authorizing law) in this case is unreasonable or that the search was carried out in an unreasonable manner. Rather, its challenge is strictly in regard to the “authorization by law” of the search warrant. 30. Under common law, to issue a search warrant, a justice of the peace must be satisfied that there are reasonable grounds for believing that an offence has been committe
