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Dumpster diving in Canada is not a crime, provided the garbage being sorted through is located outside of anyone's private property.
The Supreme Court of Canada established this in the R v Patrick, 2009 SCC 17 case. They determined that individuals cannot reasonably expect their rubbish to remain private. This conclusion was drawn from observing that anyone, including street people, bottle pickers, urban foragers, nosy neighbours and mischievous children, as well as dogs, assorted wildlife, garbage collectors and the police can easily access "The bags were unprotected and within easy reach of anyone walking by in a public alleyway."
This precedent came to be as a result of police searching Patrick's garbage which was located outside his home and discovering drug-making paraphernalia. This finding enabled them to secure a warrant to invade Patrick's domicile.
In his defence, Patrick invoked a section 8 Charter challenge insisting that the police's search and seizure of his garbage was unreasonable.
His lawyer contended that section 8 of the Charter had been dishonoured by the police. They accused the police of violating Patrick's right to a reasonable expectation of privacy by probing his garbage.
Unfortunately for Patrick, his appeal was overruled by the Supreme Court of Canada. The Court ruled that the fact Patrick had thrown away illicit articles into his trash was tantamount to an abandonment of the property.
Consequently, Patrick had forfeited any privacy rights he previously held pertaining to his garbage, and thus, the police had the right to inspect the garbage without a warrant or any other requirements.
The Crown's argument, that the garbage had been discarded and therefore deemed as abandoned, persuaded the court to deem the police's search and seizure of Patrick's garbage as reasonable. Consequently, the evidence derived from both the subsequent raid of his home and his garbage was permissible in the court proceedings.
While dumpster diving itself is not illegal in Canada, entering private property to access discarded items can result in trespassing charges or other legal issues. Understanding your rights and the potential consequences is essential if you're facing legal trouble.At Pyzer Criminal Lawyers, our skilled Toronto criminal defence lawyers can provide the guidance and representation you need. Contact us today for a confidential consultation.
