Unlawful search and seizure
Unlawful search and seizure refers to a search or seizure by the state that violates section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search or seizure. A search is generally reasonable if it is authorized by law, the law itself is reasonable, and the search is carried out reasonably. Evidence obtained unlawfully may be excluded.
How BC law treats it
Under Hunter v Southam Inc, [1984] 2 SCR 145, the standard for a warrant is generally reasonable grounds, not the US standard of probable cause. Regulatory inspections of business premises and records are often authorized by statute without a warrant, under lower standards, and obstructing an inspector can itself be an offence.
What it means for your business
If inspectors or police arrive, ask for their authority, cooperate without obstructing, and call a lawyer.
Risks and common mistakes
Refusing access to an inspector acting under statutory authority can lead to a separate obstruction offence.
Browse the full Fulcrum Law Dictionary for related terms.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
