*Challenge to search warrants issued under CIA – officials could issue search warrants under their own authority; challenged as offending s.8 of the Charter.
Living tree doctrine & interpretation – s.8 is meant to be interpreted as the right to privacy, or a “zone of protection” surrounding individuals.
• Very general language in s.8, particularly when compared with 4th amendment of US
• Constitutions are meant to endure over time since it involves the exercise of state power “living tree” adapting the needs of society over time
• Tabulated Legalism: Avoid looking at the constitution as just a checklist, interpreted in a mechanistic way
• Purpose of the Charter: to limit government action; thus, interpretations are taken from the perspective of the right-bearer