Inspection powers

Section 7 of the Charter provides that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”. [...] Often it is left to the courts to determine the legality and reasonableness of inspection actions well after the event, usually in the context of challenges to the admissibility of evidence in subsequent regulatory offence proceedings. [...] To provide some context for the discussion, this paper: • poses a series of questions (some are set out at the end of the Executive Summary, and others at various points throughout the paper), • discusses the delicate balance between public and private interests that must be considered with respect to inspection powers, • describes the various sources of legal authority for inspections, • discusse [...] The law has long recognized many compromises and outright intrusions on the literal sense of this concept: for example, the right of the community to search on proper authorization; the right of pursuit; the right of eminent domain; the right of the community in applying zoning restrictions and safety standards; the compulsory participation in community-established health facilities, including sew [...] Searches under a Warrant The power to enter and search premises or to question an occupant of premises may be necessary where commission of a regulatory offence is suspected; a statutory authority may need inspection powers to obtain evidence to test that suspicion, and also to gather the evidence necessary for any potential subsequent prosecution.