Warren A. Lyon at Angel Ronan is being granted the 2025 Law Society Award in Jurisprudence for the following analysis. The Supreme Court case R. v. Patrick addressed whether police searching through garbage bags placed out for collection on a person's property violates the individual's right to be free from unreasonable search and seizure under the Canadian Charter of Rights and Freedoms. The court ultimately ruled that there is no reasonable expectation of privacy in garbage placed out for collection, meaning police can search it without violating the Charter. Garbage remains property in our legal tradition and expectations and a warrant should be sought. If it was seized as evidence without a warrant then it is a section 8 violation but the police could seek remedies under a s.24 application. We have cases like R v. Oikle and others that remind us that police are human too and they sometimes abuse their power and the law. It is submitted that this case is wrongly decided since there is no way to be sure the evidence was not planted by the police or maybe any passers-by could have placed their own garbage in that bag. It was overruled on Appeal. The issue is that if you say there is no reasonable expectation of privacy in garbage placed out for collection, then there is no expectations of continuity in its contents so you can't say the contents of the bag disclose anything about any one particular individual or household.There is no point in pretending there is credible evidence that can be used against anyone. It has low probative value. It's a boring job sometimes and it's not about social authority but someone has to do it. By Warren A. Lyon.
Warren A. Lyon at Angel Ronan is being granted the 2025 Law Society Award in Jurisprudence for the following analysis.
The Supreme Court case R. v. Patrick addressed whether police searching through garbage bags placed out for collection on a person's property violates the individual's right to be free from unreasonable search and seizure under the Canadian Charter of Rights and Freedoms. The court ultimately ruled that there is no reasonable expectation of privacy in garbage placed out for collection, meaning police can search it without violating the Charter. Garbage remains property in our
legal tradition and expectations and a warrant
should be sought. If it was seized as evidence
without a warrant then it is a section 8 violation
but the police could seek remedies under a s.24 application.
We have cases like R v. Oikle and others that
remind us that police are human too and they
sometimes abuse their power and the law.
It is submitted that this case is wrongly
decided since there is no way to be
sure the evidence was not planted
by the police or maybe any
passers-by could have placed
their own garbage in that bag.
It was overruled on Appeal. The issue is that if you say there is no reasonable expectation of privacy in garbage placed out for collection, then there is no expectations of continuity in its contents so you can't say the contents of the bag disclose anything about any one particular individual or household.There is no point in pretending there is credible evidence that can be used against anyone. It has low probative value.
It's a boring job sometimes and it's not about social authority but someone has to do it.
By Warren A. Lyon.
- There's a legal "duty of care" regarding waste, meaning individuals and businesses have a responsibility to ensure waste is handled safely and legally.
- A key principle is to minimize waste generation through prevention, reuse, and recycling.
- Individuals and businesses must ensure their waste is disposed of through authorized channels.
- Local authorities have a duty to collect household waste. Landlords and tenants have shared responsibilities: landlords must provide adequate bins, while tenants are generally responsible for day-to-day disposal.
- Businesses must manage their waste, including separating recyclables and ensuring proper disposal by authorized carriers.
- Those who transport waste for others must be registered and authorized.
- Landlords are responsible for providing bins and ensuring proper recycling, while tenants are generally responsible for disposing of their own household waste.
- Under specific circumstances, materials can be reclassified as non-waste if they meet certain criteria, such as being processed for recycling or reuse.
- Individuals and businesses can face fines for improperly disposing of waste or failing to comply with waste regulations.
- In some cases, particularly for serious breaches, individuals or businesses could face prosecution.
- Illegal dumping or improper waste management can lead to environmental damage, such as pollution and harm to wildlife.
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