Gagnon v. Deslauriers
T-331-96
Pinard J.
26/11/97
14 pp.
Legal rights-Application for judicial review of decision by Warden of Leclerc Institution to introduce IONSCAN, device using ion mobility spectrometry, to detect drug particles on visitors to institution's inmates-Only issue whether use of device unreasonable search in violation of Charter, s. 8-Applicants objecting to excessive discretion given to authorities concerned at Leclerc Institution by Standing Order 571.5 in applying policy contained therein, in view of unreliability of IONSCAN equipment-Not discharging burden of establishing necessary factual basis to support their motion, failure sufficient to dismiss application for judicial review-For there to be "unreasonable search" within meaning of Charter, s. 8, person searched must have reasonable expectation of privacy-Person going to Leclerc Institution to visit inmate not having higher expectation of privacy if searched than inmates in institution may claim-As applicants having no expectation of privacy, can be no violation of Charter, s. 8-Application dismissed-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 8.