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Smith v. Canada (Attorney General)

2001 SCC 88 [2001] 3 SCR 902 Court SCC Decision date 2001-12-07 Docket 27844 English

PartiesDeborah Smith Appellant·The Attorney General of Canada Respondent·The Attorney General for Ontario Interveners·the Attorney General of Quebec and the Attorney General of Manitoba Interveners

Judges McLachlin, Beverley; L'Heureux-Dubé, Claire; Gonthier, Charles Doherty; Iacobucci, Frank; Major, John C.; Bastarache, Michel; Binnie, William Ian Corneil; Arbour, Louise; LeBel, Louis

Delivered by Majority

On appeal from Federal Court of Appeal

Subjects Constitutional law

Contents
The Court -- We agree with the conclusions set out in the reasons of Rothstein J., the umpire, CUB-44824, as affirmed by Décary J.A. for the Federal Court of Appeal (2000), 73 C.R.R. (2d) 196.
As in R. v. Plant, [1993] 3 S.C.R. 281, there was no violation of s. 8 of the Canadian Charter of Rights and Freedoms on the facts of this case. We conclude that the appellant cannot be said to have held a reasonable expectation of privacy in relation to the disclosed portion of the E-311 Customs Information which outweighed the Canada Unemployment Insurance Commission’s interest in ensuring compliance with self-reporting obligations of the Unemployment Insurance benefit program.
Neither was there a breach of the appellant’s mobility rights under s. 6(1) of the Charter .
We would dismiss the appeal.

Cases cited

Statutes and regulations cited