So too seizure. Whether a police search or seizure is unreasonable depends on both the subject matter and the particular time, place and circumstance. A prime purpose of section 21 is to ensure that governmental power is not exercised unreasonably. A section 21 inquiry is an exercise in balancing legitimate state interests against any intrusions on individual interests. It requires weighing relevant values and public interests.
Any search is a significant invasion of individual freedom.
How significant it is will depend on the circumstances. There may be other values and interests, including law enforcement considerations, which weigh in the particular case. Contemporary society attaches a high value to privacy and to the security of personal privacy against arbitrary intrusions by those in authority. Privacy values underlying the section 21 guarantee are those held by the community at large. Reasonable expectations of privacy are lower in public places than on private property.