R. v. White: Privacy in Common Spaces
Forthcoming, Criminal Law Quarterly
11 Pages Posted: 14 Nov 2017 Last revised: 28 Nov 2018
Date Written: January 10, 2017
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: Suggested Citation