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Old April 27, 2013, 12:32 PM   #17
Evan Thomas
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Join Date: July 7, 2008
Location: Upper midwest
Posts: 4,464
Quote:
It's residents are not citizens, they, like England, are 'subjects' of the crown. They are owned by the government.
Searching, even homes, does not require any warrant or even due cause.
Neither of these statements is correct. Canada is a parliamentary democracy; the Canadian Citizenship Act of 1946 defined who was a citizen and made it clear that Canadian citizens were not British subjects.

Section Eight of the Canadian Charter of Rights and Freedoms states: "8. Everyone has the right to be secure against unreasonable search or seizure."

It protects everyone in Canada from unreasonable search and seizure, just as the 4th Amendment does in the US. Search warrants are required under Canadian law in essentially the same way that that they are in the US. In some respects (the use of sniffer dogs by police, and vehicle searches, for example) Canadian courts have issued rulings that give people in Canada more protection from unreasonable search and seizure than the US Supreme Court has seen fit to give people in the US. (Note, too, that the Canadian Charter explicitly protects "everyone in Canada;" the rights and freedoms it sets out don't apply only to citizens/legal immigrants, but to anyone on Canadian soil.)
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