McKinlay Transport Ltd. v. The Queen, 90 DTC 6243, [1990] 2 CTC 103 (SCC) -- summary under Section 8

By dwpv, 28 November, 2015

After finding that a demand under former s. 231(3) would constitute a "seizure" for purposes of s. 8 of the Charter because the compelled production of documents pursuant to s. 231(3) very well could extend to information and documents to which the taxpayer had a privacy interest in need of protection under s. 8 of the Charter, Wilson J. went on to find that such a seizure did not entail an unreasonable intrusion on the taxpayer's privacy interest. She stated (at p. 6251):

"s.231(3) provides the least intrusive means by which effective monitoring of compliance with the Income Tax Act can be effected. It involves no invasion of a taxpayer's home or business premises. It simply calls for the production of records which may be relevant to the filing of an income tax return. A taxpayer's privacy interest with regard to these documents vis-รก-vis the Minister is relatively low."

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Tagline
no unreasonable intrusion on privacy
d7 import status
Drupal 7 entity type
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Drupal 7 entity ID
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