What is the test for a letter of request under section 8 of the Charter seeking access to banking records in Switzerland?

Canada (Federal), Canada

The following excerpt is from Schreiber v. Canada (Attorney General), [1998] 1 SCR 841, 1998 CanLII 828 (SCC):

5 Wetston J. then considered whether the respondent had a reasonable expectation of privacy in the records in question. He acknowledged that banking records are personal and confidential. He then considered the effect of maintaining these records in Switzerland, and held that “the application of section 8 is an inescapable product of the government’s enforcement activity within Canada” (p. 943), and “[i]f the [respondent] can be prosecuted in Canada, I see no reason why he should not be entitled to the corollary benefits of the Charter” (p. 944). As a result, he concluded that the respondent had a reasonable expectation of privacy. Having so held, he considered whether s. 8 required prior authorization by a neutral judicial officer before the letter of request could be sent. He held that prior authorization is crucial in balancing the interests of the individual with those of the government, and that it cannot be done by the police or government enforcement authorities (Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145). As a result, such authorization should have been obtained before the letter of request was sent, and the special case should be answered in the affirmative. B. Federal Court of Appeal, 1997 CanLII 6333 (FCA), [1997] 2 F.C. 176 Linden J.A. (Henry D.J. concurring)

Other Questions

Does a defendant have a constitutional right to seek personal counsel for a motion seeking to amend his criminal record under section 2255 of the Criminal Code? (MultiRegion, United States of America)
Under Section 1235 of the Civil Code of Civil Procedure, what is the impact of section 1235 on a plaintiff's ability to access access to the Commissioner's office? (MultiRegion, United States of America)
What is the scope of section 7 of the Charter and what does section 7 mean? (Canada (Federal), Canada)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
What is the test for a motion under section 2255(b) of the Criminal Code seeking relief under Section 2255? (MultiRegion, United States of America)
What is the basic right of a citizen or permanent resident of the United States to access the records of a Canadian citizen under section 4 of the Criminal Code? (Canada (Federal), Canada)
What is the test for Charter of Canada section 7 of the Charter of Human Rights? (Canada (Federal), Canada)
Does section 25 of the Access to Records Act, which provides exemptions to disclosure under the Corporations Privileges Act, apply to solicitor-client privilege? (Canada (Federal), Canada)
What is the test for a motion that seeks to establish that a defendant has been denied access to a witness record by a judge? (MultiRegion, United States of America)
How have the courts interpreted section 56(2) of the Income Tax Code in the context of Section 56(1) and Section 5(2)? (Canada (Federal), Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.