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In The Charter Dialogue between Courts and Legislatures Peter Hogg and Allison Bushell suggested that Charter Dialogue exists when a judicial decision is open to legislative reversal modification or avoidance then it is meaningful to regard the relationship between the Court and the competent legislative body as a dialogue In that case the judicial decision causes a public debate in which Charter values play a more prominent role than they would if there had been no judicial decision In the course of Criminal law study this type of dialogue is seen in cases where section 8 right have been violated by unreasonable search and seizure laws and where section 7 and 11 rights were violated by laws that limited defence in sexual assault cases When laws are challenged to have violated section 8 against unreasonable search and seizure the court either strikes down the law upheld it or read it down in order to balance the states interest and individuals expectation of privacy In Hunter v Southam Inc unreasonable search and seizure provisions section 101 and 10 3 under the Combines Investigation Act were held inconsistent with section 8 of the charter Abell I pg 401 A new procedure for getting search warrants issued by the Federal Court was instituted by the Combines Investigation Acts successor Competition Act Similar success happened in challenging laws authorizing warrantless searches under former Narcotic Control Act In R v Grant the court held that section 10 of the Act which permitted warrantless searches of all places except dwelling houses where the officer had reasonable grounds to believe a narcotic would be found violated section 8 for its failure to require prior authorization The court read down the provision so that this power is only available where exigent circumstances exist such that seeking a warrant is impractical because of the imminent danger of the loss destruction or removal of the evidence In other context the court backed away from a
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