R. v. White: Privacy in Common Spaces

Forthcoming, Criminal Law Quarterly

11 Pages Posted: 14 Nov 2017 Last revised: 28 Nov 2018

See all articles by Chris DeSa

Chris DeSa

Superior Court of Justice

Date Written: January 10, 2017

Abstract

Up until White, the general consensus was that the common spaces in a condominium or apartment were not subject to a reasonable expectation of privacy by the building occupants. Courts had routinely rendered decisions rejecting reasonable expectation of privacy claims in several cases involving the common areas of multi-unit buildings. In R. v. White, the Ontario Court of Appeal found that surveillance in the common spaces of an apartment building can engage the occupant's section 8 rights. This paper seeks to explore the underlying basis for the Court's decision.

Keywords: expectation of privacy, R. v. White, common spaces, section 8

Suggested Citation

DeSa, Chris, R. v. White: Privacy in Common Spaces (January 10, 2017). Forthcoming, Criminal Law Quarterly, Available at SSRN: https://ssrn.com/abstract=3069340

Chris DeSa (Contact Author)

Superior Court of Justice

50 Eagle Street
Newmarket, Ontario L3Y 6B1
Canada

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