Regulation of Pawnbrokers by Municipalities

Section 8 of the Charter of Rights and Freedoms
Lastly, the Court concluded that the Second Hand Dealers Bylaw did not authorize an unreasonable search and seizure of personal information contrary to section 8 of the Charter of Rights and Freedoms.

This issue was also considered in the International Escort Services case, where the Court concluded that the requirement of the escort service agency to create the records and allow them to be inspected did not amount to an illegal search because it did not authorize a forced entry search of the premises or removal of anything from the premises.

In contrast, section 7 of the Second Hand Dealers Bylaw in the Royal City Jewellers case did require the second hand dealer to provide the books and documents for inspection. The Court concluded that the information contained in the records is not the kind of information which is subject to the protection of section 8. The manner in which the information is sought is minimally intrusive to the second hand dealer's customers and does not include any biographical core of personal information, or reveal intimate details of lifestyle and personal choices of an individual.